Property and Estates
Rebecca Farrell is a junior member of 3PB’s Property and Estates team and enjoys a regular and busy practice in trusts of land and ToLATA cases including disputes over farms and estates; contentious probate cases; real property litigation and landlord and tenant claims involving both residential and commercial issues, including possession matters and service charges.
Trusts of Land and ToLATA
Rebecca acts and advises on trust of land and proprietary estoppel claims, including those which involve Estates.
Recent work includes:
- Successfully mediating a trust of land and proprietary estoppel claim involving a property valued in excess of a million pounds
- Successfully reformulating a proprietary estoppel claim and obtaining injunctive relief
Rebecca’s experience of real property litigation includes cases concerning trespass, nuisance, breach of covenants (including restrictive covenants); adverse possession; proprietary estoppel; rights of way disputes and boundary agreements, as well as the associated claims for injunctive and declaratory relief.
Probate and Estates
Rebecca has advised and acted on a number of contentious probate disputes including Inheritance Act claims (including adult children claims); claims involving the construction of wills and applications to remove personal representatives. In the non-contentious sphere, Rebecca has assisted in the review of the administration of an Estate in order to provide advice regarding the conduct of the administration and next steps.
She has also dealt the interface between this practice area and others, such as proprietary estoppel and constructive trust claims in the context of an Estate and the administration of an Estate involving an insolvent beneficiary.
Landlord and Tenant
Rebecca advises and acts on numerous claims involving both residential and commercial issues. She has specific expertise in possession matters, including against persons unknown, and associated rental arrears. She has also has experience with claims relating to the specific enforcement of terms contained within commercial leases and the associated drafting.
Rebecca has experience appearing in the First Tier Tribunal (Property) Chamber on applications to the Tribunal including those for determinations regarding service charges; administration charges and the appointment of a manager.
Alongside other members of the Property and Estates Team during the Pandemic, Rebecca published news items summarising updates in light of Covid-19. This included coverage of the Coronavirus Act 2020, commercial property and forfeiture. The articles can be found on 3PB's Coronavirus Legal Updates Hub.
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Changing the locks during lockdown:The Coronavirus Act 2020, Commercial Property and Forfeiture
27th Apr 2020
3PB’s specialist Property and Estates Barristers Charles Irvine and Rebecca Farrell have issued an updated guide on the rights of commercial landlords and their tenants during the Coronavirus pandemic.
The guide reviews the existing position for commercial landlords and their tenants as well as an update on the latest Government’s announcement on 23rd April 2020.
Changing the locks during the lockdown
9th Apr 2020
3PB's Charles Irvine and Rebecca Farrell discuss Changing the locks during lockdown: The Coronavirus Act 2020, Commercial Property and Forfeiture
"I am a Solicitor and have so been since 1974-and once appeared in many criminal and civil cases. Just to say that Rebecca (whom I had never known of or met) was first class in her dealings with the Court witnesses and conducting the case. Hopefully she will go far”
"I am writing to thank you for representing me yesterday. As you know following the mix up on my last court date I was quite anxious about yesterday's hearing. As soon as we met, you immediately put me at ease and it was clearly obvious that you had given a lot of time in familiarising yourself with my case. This proved to benefit us both. I was impressed by your professionalism and knowledge in the court room that led to a positive outcome. I have let [X firm] know how good you are and that they should be confident in you representing their clients in the future.”