Adam Boyle - Real Estate

Adam is a very experienced real estate practitioner and a “go to” barrister in relation to difficult property matters.

He is frequently instructed in the full gamut of property cases, including everything from rights of way, to complicated aspects of landlord and tenant law (including agricultural and commercial tenancies). He is often instructed in complicated hybrid cases and property-adjacent cases, such as those involving farm partnerships or relevant negligence (i.e. surveyor’s / conveyancer’s).

In addition, Adam is very well-versed in dealing with ToLATA, nuisance, trespass, boundary issues, adverse possession and easements, and has assisted many clients in respect of difficult neighbour disputes.

Adam is also experienced in dealing with issues arising in respect of the registration of land (including overreaching and overriding interests), high-value overage agreements, covenants and mortgages/lending secured against land.

A selection of his more notable cases includes the following:

• Appearing in the Court of Appeal in the very well-known proprietary estoppel case of Davies v Davies.
• Successfully defending all aspects of a multi-faceted appeal before The Honourable Mr Justice Ritchie in the reported case of Banks v Blount, which involved inter alia rights of way and injunctions.
• Advising on the interpretation and effect of a 7-figure overage agreement.
• Acting in a complex and high value farm property dispute, which involved trust, undue influence, partnership, and TOLATA themes.
• Acting for the landlord in a long-running possession dispute concerning an unusual common law lease (i.e. outside all usual statutory regimes) granted to a company but used for residential purposes.
• Acting in numerous complicated adverse possession matters.
• Advising in respect of a well-known castle.
• Success in the FTT in a matter centring around the requirement that prescriptive user be “nec precario” (Philpott v Bovisand Park).
• Various cases involving property damage and/or business interruption in the context of commercial tenancies.
• Various high value (i.e. millions) farming proprietary estoppel cases.
• Successfully obtaining an urgent injunction before HHJ Carr in an agricultural right of way case.
• A week-long trial in front of HHJ Michell concerning the lease of a multi-million pound farm (P v D).
• Success before HHJ James in a multi-day surveyor’s negligence case concerning RICS Homebuyers surveys, with potentially national significance.

Lastly, Adam has been involved in numerous cases which raise difficult and esoteric points of property law as well as crossover cases with property-law facets. He is more than happy to be instructed in matters which require a sophisticated and tactical approach to the factual and legal issues at play.