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Samuel Lear, Associate

Sam specialises in commercial, residential and agricultural property litigation

About

Sam specialises in commercial, residential and agricultural property litigation. Sam advises on a wide range of contentious property issues, including service charge disputes, dilapidations, rent arrears recovery, break rights, commercial lease renewals, restrictive covenants, and agricultural disputes. Sam has particular experience in conducting tresspass matters on behalf of landlords.

Sam acts for a diverse range of clients, including large corporations, small businesses, commercial and residential landlords and tenants, charities, large land-owning estates and individuals.

Sam is admitted to practice in England and Wales and is a member of the Property Litigation Association. He has also written for various publications, including the Estates Gazette, Property Law Journal, and Lexis Nexis. He also appears regularly on the firm’s ‘Property Patter’ podcast.

Experience

  • Acted for a holiday resort landlord in First Tier Tribunal proceedings and successfully defended a multi-faceted service charge claim brought by leaseholders.
  • Assisted in obtaining a reported high court injunction and possession order against persons unknown (in particular, protesters) on land owned by a global corporation.
  • Advised a developer on a high-value dispute concerning a joint-venture with a local council.
  • Acted for a world-renowned luxury hotel in an application before the First-Tier Tribunal to seek to reinstate the protection intended by certain restrictive covenants which were mistakenly omitted from the Land Registry title of a neighbouring business.
  • Acted on behalf of a charity landlord in relation to its dilapidations claim against a residential tenant.  The proceedings were settled on mutually acceptable terms following a successful negotiation.
  • Advises and reports to a global retailer on its lease terms including yielding up obligations and break/termination obligations.
  • Provides regular wide-ranging advice to a large land-owning estate on residential possession matters (including obtaining evictions of problematic tenants), trespass and more unusual matters such as liability for feral livestock.
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