Property and Estates
Gavin's property work covers many aspects of the law of real property, including:
- Land registration
- Overage agreements
- Adverse possession
- Co-owners’ disputes
- Commercial and residential landlord and tenant disputes
- Restrictive covenants
- Rights of way
- Trespass and nuisance
- Party wall disputes.
Reported cases include:
Rehman-v-Benfield  EWCA Civ 1392,  2 P & CR 317 – successful appeal by freeholder against judgment against him in his absence based on prescription
Ijacic-v-Game Developments Ltd. (2009) (Land Registry Adjudicator) – successfully resisted claim by lender to a charge obtained by an imposter owner following identity theft on death of registered proprietor
Gordon-v-Elizabeth Court (Bournemouth) Ltd.  EWHC 1333 (QB) – dispute about construction of lease in relation to parking arrangements in underground car park at block of flats
Chancery work covers principally:
· Wills and probate
· Inheritance Act claims
Wills and Probate
Gavin regularly advises on disputes concerning wills, including issues relating to their validity and due execution and the interpretation and effect of wills, the administration of estates and claims under the Inheritance (Provision for Family & Dependants) Act 1975.
- A dispute within a farming family as to where the testator’s share of the farm should go, giving rise to issues of testamentary capacity, knowledge and approval and proprietary estoppel
- Claims by estranged children against the estates of their parents under the 1975 Act
- Disputes between siblings as to proper administration of the estate of their parents
- Many cases involving claims to an interest in family property arising under proprietary estoppel and/or constructive trust
‘Very experienced and a thoughtful professional negligence specialist.’
Legal 500 2017/London Bar
'Approachable and a persuasive advocate.'
Legal 500 2016/London Bar
'Bright and hardworking.'
Legal 500 2014/South Eastern Circuit
'Gavin Hamilton is noted for his ‘meticulous attention to detail’'.
Legal 500 2013/14/Western Circuit - Commercial, insolvency and property.
- BA Jurisprudence (Oxon)
Professional qualifications & appointments
- Accredited Mediation Advocate
- Chancery Bar Association
- London Common Law & Commercial Bar Association
- Professional Negligence Bar Association (PNBA)
- Property Bar Association
- Western Circuit
Gavin Hamilton is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information
Commercial update: pay the correct issue fee or limitation may not stop running
The Chancery Division has recently considered what the effect of paying the wrong court fee is, on limitation. Claimants’ solicitors need to be aware that...Read more