James Fuller

Year of call: 2020 | Sol: 2017

James  James

James is a member of the Property and Estates Team. He is regularly instructed on matters involving real property, landlord and tenant, planning, and public rights of ways. He has a particular specialism in agricultural and rural property law.

James is qualified to accept instructions directly from the public under the Public Access Scheme (also known as “Direct Access”).

Property & Estates

James acts for clients in real property and landlord and tenant related matters and has litigation and advisory experience in the following:

  • Rural landlord and tenant: All matters relating to the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995. He has recently advised on recovering possession of land subject to an AHA tenancy.
  • Residential landlord and tenant: Attending possession hearings under the Housing Act 1988.
  • Commercial Landlord and Tenant: Attending possession hearings under the Landlord and Tenant Act 1954.
  • Restrictive covenants: Advising on restrictive covenants, especially in the context of potential development.
  • Easements and profits: Advising on all aspects relating to easements and profits. James has particular experience in advising on private rights of way issues in a rural setting, as well as in the context of potential development (i.e. “would the right of way support the intended development?”).
  • Adverse possession: Advising on and preparing applications for adverse possession. He has submitted many applications for adverse possession of land under both the “old” and “new” regimes.
  • Alteration and rectification of the register: Advising on and preparing applications for alteration of the Register. He has recently advised on and submitted several applications for alteration and correction of the Register on the basis of a mistake (often due incorrect interpretation of definitions and historic OS maps at the time of first registration).
  • Boundaries and encroachments: Advising on ownership and resolution of issues relating.
  • Conveyancing and transactional matters: Advising on and drafting transactional documents such contracts, transfers, deeds, licences, and leases.
  • Examination of title documents, deeds and plans.
  • Mortgages: Advising on the same, as well as attending possession hearings and mortgage applications.
  • Mines, minerals, and manorial rights: Advising on ownership, registration, rights, and trespass. 
  • Trespass, common law nuisance and statutory nuisance: He has assisted in seeking quia timet injunctions against persons unknown. 

Public Rights of Way and Planning

James acts on matters involving public rights of way, commons, village greens, as well as planning related matters.

James regularly advises on issues involving public rights of way (such as maintenance and obstruction) and has acted for a landowner in objecting to a Definitive Map Modification Order. James has recently advised a landed estate on issues relating to rights of common.

James is able to assist with preparing planning applications, and objections to planning applications. He also advises on development agreements and drafts overage agreements, promotion agreements, and option agreements. 

Banking and Financial Services

James has experience in consumer credit and the financial services regulatory regime and regularly acts for defendant banks in claims under s.140B CCA 1974 (including HCST credit, mis-selling and secret commission cases).

James also advises in matters relating to mortgages and home finance and has experience in advising on the terms of mortgages, drafting mortgages, and enforcing mortgages.

Commercial

James has experience in a broad range of commercial disputes and advises and acts in relation to disputes involving contracts, sale of goods and services, debt and asset recovery, mortgages, and consumer rights and unfair terms.

CLERK CONTACT INFORMATION

For further information and enquiries please contact:

Property & Estates: Joe StayteStephen Arnold or Jordan Yandell

Memberships

  • Agricultural Law Association
  • Chancery Bar Association

education

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