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Emma Preece, Associate

Emma specialises in commercial, residential and agricultural property litigation.

About

Emma advises on a range of landlord and tenant matters such as lease renewals under the Landlord and Tenant Act 1954, possession claims, rent arrears and service charge recovery and breach of covenant disputes. Emma also advises on issues arising on lease termination including dilapidations and the exercise of break clauses (including the validity of break notices, and compliance with break conditions).

Emma has particular experience in dealing with contentious property issues arising from agricultural holdings including the succession and termination of agricultural tenancies, and disputes relating to farm business tenancies. Emma also advises on land registration issues (including rectification and boundary determination – particularly in the context of development land), and on a range of third party and adverse interests in land such as easements, boundary disputes, adverse possession and trespass claims.
Emma’s clients include large corporations, developers, commercial and residential landlords and tenants, large land-owning estates and high net worth individuals.

Emma is a committee member of the Junior Property Litigation Association in the South West, a member of the Property Litigation Association and Women in Property and is recommended by The Legal 500.

Emma is admitted to practice in England & Wales.

Experience

  • Acted on behalf of a large independent UK consultancy specialising in pensions and investments in relation to terminating the leases of its registered offices by way of numerous break notices served in the British Virgin Islands, Hong Kong and London.
  • Assisted in obtaining vacant possession of land occupied by a tenant by succession under the Agricultural Holdings Act 1986 to be developed into an energy park.
  • Successfully defended an application to acquire title to unregistered land on the basis of adverse possession which was legally owned by a large landed-estate and subject to planning permission to be developed into a mixed-use community development.
  • Advises on various boundary matters and acted in a boundary dispute for a retirement village which concerned acts of trespass and encroachment upon a right of way, which were ultimately settled shortly prior to trial.
  • Regularly advises on property insolvency in the landlord and tenant context and recently acted for a large landed-estate in the recovery of sums due following the administration of their tenant, a national retailer.
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