Matthew Brown

Real Property

Matthew is frequently instructed in all aspects of real property work including:

• Easements
• Freehold covenants
• Boundary disputes
• Trespass and nuisance
• Adverse possession
• Co-ownership disputes
• Proprietary estoppel

He is also instructed by banks and other lenders to advise and appear in claims relating to mortgages and charges.

Recent Cases

• An adverse possession claim in relation to unregistered farmland in Wales.
• An application to alter the register/determine a boundary, where land had not been included with the registered title on first registration.
• A nuisance claim in relation to a company's right to park on certain business premises in Bristol.
• A summary judgment application in respect of a Part 8 claim for an order for sale by a chargee.
• A co-ownership dispute alleging an inferred common intention on the basis of substantial works of renovation.

Landlord & Tenant

Matthew's landlord and tenant work covers the full range of commercial tenancies, residential tenancies (including leasehold enfranchisement) and business tenancies. He is also available to receive agricultural work.

Matthew has some experience in disability discrimination and the Equality Act 2010 in so far as they relate to landlord and tenant matters.

Recent Cases

• A multi-track trial before a Recorder on the restrictions the Equality Act 2010 imposes on the landlord's right to terminate an assured shorthold tenancy.
• A contested application under the Landlord and Tenant Act 1985 before the First Tier Tribunal (Property Chamber).
• A terminal dilapidations claim in respect of a commercial property in the South West.
• A claim involving the enforceability of leasehold covenants by purchasers of the reversion.

Trusts

Matthew's trusts practice encompasses those areas covered by the team, those being: family trusts, charitable trusts, commercial trusts and other trusts, such as protective and Quistclose trusts.

Recent Cases

• An application to remove a trustee where the trustee was outside of the jurisdiction.
• Appearing on behalf of three infant beneficiaries in an application under the Variation of Trusts Act 1958.
• A High Court claim involving an alleged breach of trust by a trustee in failing to concur in the sale of trust property.

Wills & Estates

Matthew is also experienced in a range of wills and estates matters, including contentious probate and the Inheritance (Provision for Family and Dependants) Act 1975. He is also keen to receive instructions in relation to the Court of Protection.

Recent Cases

• Providing an internal advice on executors and administrators for use by complaint handlers at a well-known building society.
• A contested 1975 Act claim involving an adult child of the deceased.

CHAMBERS UK 2018

Real Estate Litigation

Leading Junior - Band 3

Impressive advocate with a growing presence in the real property market. He has experience of handling a variety of matters including boundary and co-ownership disputes and cases concerning easements, mortgages and trespassing.

Strengths: "Has a nice manner and puts his point well. Judges like him for that." "Very organised and a team player." "Sees the bigger picture and applies clear, logical thinking, which enables him to get a good outcome for clients."

CHAMBERS UK 2017

Real Estate Litigation

Leading Junior - Up and coming Individual

A well-recognised practitioner with a growing reputation for both property and probate work. He has experience of handling cases concerning real property and trusts and estates, as well as those relating to landlord and tenant issues.

Strengths: "Clever and diligent." "He is pleasant, effective and ambitious." "He's a balanced guy with a great sense of humour."

CHAMBERS UK 2016

Real Estate Litigation

Leading Junior - Up and Coming

Has started to make a name for himself as a very skilled property and estate specialist. He is well placed to handle cases featuring issues such as landlord and tenant matters, disputed boundaries and nuisance. He has also got experience on mortgage disputes.

Strengths: "He's very confident, personable and good with clients."