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Daniel Burton

| Call 2009

Profile: Property

Experience and Expertise

Daniel accepts instructions in a wide range of contentious and non-contentious property disputes including real property, commercial and residential landlord and tenant. He regularly attends possession hearings on behalf of landlords and tenants and has represented parties in housing disrepair claims under the Landlord and Tenant Act 1985 and the Defective Premises Act 1972.

In relation to landlord and tenant law, Daniel provides drafting and advocacy for commercial disputes including leasehold covenants, dilapidations, forfeiture and surrender and residential disputes including possession claims under the Housing Acts and breach of repairing covenants.

In relation to real property, Daniel provides drafting and advocacy services for disputes including easements, boundaries, adverse possession, restrictive and positive covenants, proprietary estoppel, trusts of land (including implied, resulting and constructive trusts and applications under the Trusts of Land and Appointment of Trustees Act 1996), party walls and applications under the Access to Neighbouring Land Act 1992 and property related torts (including nuisance and trespass).

He is instructed both on behalf of institutional lenders and borrowers in mortgage claims, including issues of redemption, charges, subrogation, exoneration, orders for sale and possession and notice of beneficial interests. He also accepts instructions in relation to unfair terms and unfair relationships in consumer credit agreements.

Recent experience includes a successful two-day trial in a boundary and adverse possession claim, a successful appeal for a landlord on a res judicata point and representing an institutional lender in a proprietary estoppel claim to be heard before the Adjudicator to the Land Registry.

Daniel also has experience in work involving the registration of title to minerals, historical research into mineral reservations (including field trips to regional archives), the construction of freehold exceptions and reservations and lordship of the manor and copyhold tenure.

Daniel Burton
"Daniel Burton is responsive, knowledgeable and willing to go the extra mile to achieve the best possible result for his clients. I have no doubt that he will be a future star of the Bar."

Instructing Solicitor