Nicholas Berry

Property Law, Conveyancing, drafting and advising, including overage, restrictive covenants and development schemes. He often advises on issues arising from developments including pre 1925 conveyances and settlements and land rights arising under complex trust and settlements under Church and Education trusts, Boundary, easements and other land rights; rights of way, easements of all descriptions, highways, drainage issues, fishing and water rights. He has advised public providers on issues arising under the Telecommunication Acts, wayleaves and power installations. He advises regularly on restrictive and positive covenants affecting land, Mainly commercial landlord and tenant drafting and advising on leases for both landlords and tenants, disputes arising under the LTA 1984, dilapidations, lease enfranchisement and extensions, Planning Law: He has represented private persons and companies, parish councils and local authorities in many substantial public inquiries as well as on planning appeals on specific matters. He now limits this to advising on planning issues in respect of disputed land rights, planned developments and commercial enterprises, Intellectual Property

He is generally instructed through long standing solicitor and professional clients, by recommendation. As well as being instructed in company and partnership disputes, he is often instructed to directly represent firms of solicitors, barristers, surveyors, architects, doctors and veterinarians on their own commercial issues and on private and sensitive matters.

Property Law 

 Conveyancing, drafting and advising, including overage, restrictive covenants and development schemes. He often advises on issues arising from developments including pre 1925 conveyances and settlements and land rights arising under complex trust and settlements under Church and Education trusts.

 Boundary, easements and other land rights; rights of way, easements of all descriptions, highways, drainage issues, fishing and water rights. He has advised public providers on issues arising under the Telecommunication Acts, wayleaves and power installations.  He advises regularly on restrictive and positive covenants affecting land.

 Mainly commercial landlord and tenant drafting and advising on leases for both landlords and tenants, disputes arising under the LTA 1984, dilapidations, lease enfranchisement and extensions.

 Planning Law: He has represented private persons and companies, parish councils and local authorities in many substantial public inquiries as well as on planning appeals on specific matters.  He now limits this to advising on planning issues in respect of disputed land rights, planned developments and commercial enterprises.

Intellectual Property

Intellectual property (e.g., copyright and database law not including patents) is a significant part of his practice and the internet has spawned a large number of disputes about ownership rights of the names, ideas, produce, assets and advertising of people and their businesses online with increasingly multi-national dimensions.

Specific cases of interest:

•  A case where a woman was transferred a residential property from a previous marriage and her new partner joined her in occupation for 18 years and then claimed an interest on the basis of mortgage payments and a course of dealing.  The woman was concerned about inheritance for her two children of different partners and the case was contested under the Stack v Dowden and Jones v Kernot principles. The woman gave evidence in a traumatic hearing where her evidence was taken in hospital as she was terminally ill.
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•  A case where the beneficiaries under a Will contested the executor’s interest in a property shared with the deceased. The case, while fairly typical, illustrates the interplay between Inheritance Act and TLTA principles.
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•  A case where an odd job man claimed an equal share in a £35 million development company on the basis of a course of dealing and equitable estoppel. This case involves foreign jurisdiction, company and family law.
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•  A case on appeal concerning the Court’s approach to contributions during co habitation.
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•  A case where a convicted murderer was claiming an interest in a public house where he had co habited with the publican and then shot her husband.

Languages

•  German
•  French
•  Italian
•  Afrikaans
•  Swahili

Personal Interests

Lives in Exmoor on a small farm holding (Exmoor horn sheep and Red Devon cattle) and Sailing

• Called to the Bar in 1988