James Fuller

Call 2020 Sol 2017

For enquiries please contact

Stephen Arnold
Senior Practice Manager - Civil
0117 930 9000
Click here to email

Joe Stayte
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

Finlay Duignan
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

  • M.St. in History, The University of Cambridge
  • PgDip in International Legal Practice (Distinction), The University of Law
  • LLM. in Commercial Law (Distinction), The University of Bristol
  • LLB. (Hons) in Law, The University of Surrey

  • Agricultural Law Association
  • Chancery Bar Association
  • Property Bar Association
  • The Contentious Trusts Association

James Fuller is a member of the Property & Estates Team.

James specialises in all areas of real property and landlord and tenant. He enjoys a busy court and advisory practice and regularly appears in the High Court, County Court, Upper Tribunal (Lands Chamber), and First-Tier Tribunal (Property Chamber).

Expertise

James has litigation and advisory experience in most areas of Real Property, including:

  • Adverse possession (registered and unregistered land);
  • Easements and profits;
  • Restrictive covenants;
  • Land registration;
  • Alteration and rectification of the Register;
  • Boundaries and encroachments;
  • Examination of title documents, deeds and plans;
  • Proprietary estoppel;
  • Trusts of land;
  • Mortgages and charges;
  • Mines and minerals;
  • Manorial rights;
  • Foreshore rights;
  • Trespass, nuisance and other property torts.

Recent cases include:

  • A one-day trial in the Upper Tribunal (Lands Chamber) concerning the discharge of restrictive covenants pursuant to s.84(1) of the Law of Property Act 1925.
  • A three-day trial in the First-tier Tribunal (Property Chamber) concerning the adverse possession of unregistered land.
  • A two-day trial in the Upper Tribunal (Lands Chamber) concerning the discharge and modification of restrictive covenants pursuant to s.84(1) of the Law of Property Act 1925.

Featured Real Property cases


Robertson v Pace [2024] UKUT 123 (LC)

James appeared for the successful objectors in an application made to the Upper Tribunal (Lands Chamber) under section 84(1) of the Law of Property Act 1925 to discharge a restrictive covenant on the basis of (i) either obsolescence (Ground (a)), or (ii) no injury to those entitled to the benefit (Ground (c)). The Upper Tribunal concluded that the restrictive covenant (restricting the use of the burdened land to agricultural purposes only) should not be deemed obsolete and that its discharge would injure the objectors who are entitled to the benefit of the restriction. The application was therefore refused.


Medley v Mackenzie & Ors [2024] UKUT 112 (LC)

James appeared for successful objectors 1 to 10 in an application made to the Upper Tribunal (Lands Chamber) to discharge and modify restrictive covenants under section 84(1) of the Law of Property Act 1925. The Upper Tribunal found that the covenants (other than an obsolete company consent covenant which was discharged) did bestow practical benefits of substantial advantage upon the objectors, by protecting the open aspect of the area, preventing over-development, and by preventing further inappropriate future development. The application to modify the covenants was therefore refused.

James is a member of the Agricultural Law Association and regularly advises on a wide range of agricultural disputes. James’s experience includes:

  • Tenancies governed by the Agricultural Holdings Act 1986;
  • Farm Business Tenancies under the Agricultural Tenancies Act 1995;
  • Protected agricultural occupiers under the Housing Act 1988;
  • Leases under the Landlord and Tenant Act 1954;
  • Contract farming agreements;
  • Grazing agreements;
  • Common law tenancies;
  • Sale and purchase of farms and landed estates;
  • Structuring rural property transactions;
  • Proprietary estoppel cases;
  • Partnerships;
  • Covenants;
  • Easements and profits;
  • Mines, minerals, and manorial rights;
  • Public rights of way;
  • Renewables;
  • Statutory nuisance;
  • Overage agreements, option agreements, and joint venture agreements.

James is currently instructed for the Defendant/Landlord in an arbitration concerning a notice to quit given under Case D of Schedule III of the Agricultural Holdings Act 1986.

James acts in a broad range of private client matters and is able to assist with:

  • Contentious and non-contentious probate;
  • Interpretation of wills and trust documents;
  • Applications for a declaration of presumed death under the Presumption of Death Act 2013;
  • Cohabitation disputes and trusts of land;
  • Proprietary estoppel;
  • Claims under the Inheritance (Provision for Family and Dependents) Act 1975;
  • Appointment, removal and substitution of personal representatives and trustees;
  • Duties and powers of personal representatives and trustees;
  • Settled Land Act 1925.

Featured Trusts & Estates cases


Tolley v No Defendant (Re Caroline Fisher) [2023] EWHC 979 (Ch), [2023] 1 W.L.R. 2294, [2023] All ER (D) 23 (May), [2023] W.T.L.R. 1187, [2023] 2 P. & C.R. DG 25, [2023] 9 C.L. 122, [2023] C.L.Y. 966

A case concerning whether a nominated executor of an unproven will had standing to seek a declaration of presumption of death of a missing person. James acted for the nominated executor who was successful in her application for a declaration of presumed death.

James advises on all areas of commercial and residential landlord and tenant disputes, including:

  • Possession proceedings;
  • Forfeiture proceedings;
  • Landlord and Tenant Act 1954 renewals (opposed and unopposed);
  • Service charge disputes;
  • Unlawful eviction;
  • Disrepair;
  • Dilapidations;
  • Trespass;
  • Breach of covenant;
  • Tenancy deposit claims;
  • Mobile Homes Act 1983.

Featured Commercial & Residential Landlord & Tenant cases


Mr A Hartley (T/A Hartley Park Homes) v Mr and Mrs Coles and others BIR/47UE/PHI/2023/0039-42, 44, 46-52, 100

James appeared for the successful Applicant in a two day hearing before the First-tier Tribunal (Property Chamber) concerning an application for determination of a new level of pitch.


Cadogan House Investment Properties Limited v Kyriacou and Kyriacou CHI/00HC/LSC/2022/0057

James appeared for the successful Respondent in this case before the First-tier Tribunal (Property Chamber), concerning the construction of a lease and the determination of the tenant’s liability to pay service charges.

James acts on matters involving public rights of way, commons, town & village greens, environment, and planning related matters, including:

  • Commons;
  • Town and Village Greens;
  • Public rights of way;
  • Highways;
  • Definitive Map Modification Orders;
  • Rural planning matters;
  • Listed Buildings;
  • Trees;
  • Minerals;
  • Planning applications and objections;
  • Section 106 Agreements and CIL;
  • Development agreements (overage agreements, promotion agreements and option agreements);
  • Statutory nuisance.

James has experience in a broad range of commercial disputes including:

  • Breach of contract;
  • Misrepresentation;
  • Misstatement;
  • Estoppel;
  • Guarantees;
  • Sale of goods and supply of services;
  • Agency;
  • Professional negligence;
  • Debt claims and asset recovery;
  • Mortgages;
  • Banking;
  • Partnership disputes;
  • Construction and rectification;
  • Consumer credit.

For enquiries please contact

Stephen Arnold
Senior Practice Manager - Civil
0117 930 9000
Click here to email

Joe Stayte
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

Finlay Duignan
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

  • M.St. in History, The University of Cambridge
  • PgDip in International Legal Practice (Distinction), The University of Law
  • LLM. in Commercial Law (Distinction), The University of Bristol
  • LLB. (Hons) in Law, The University of Surrey

  • Agricultural Law Association
  • Chancery Bar Association
  • Property Bar Association
  • The Contentious Trusts Association

For help or advice please call 0117 930 9000 or complete the form below.

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