Robert Mullen

Robert specialises in agricultural and property litigation as well as contentious Wills, trusts and probate matters.

Robert is a Senior Associate Solicitor in the Commercial and Private Client Litigation team specialising in agricultural and property litigation as well as contentious Wills, trusts and probate matters.

Robert qualified as a solicitor and joined Clarke Willmott in 2014.

Robert’s practice includes advising property owners, landlords and tenants on a wide range of contentious property matters ranging from tenancy disputes to land drainage and flooding. Robert is also a member of the NFU team; Clarke Willmott is the NFU panel law firm for Somerset, Wiltshire, Gloucestershire and Dorset and therefore Robert’s caseload is a diverse mix of commercial and agricultural work.

Robert is also a specialist in contentious Wills, trusts and probate matters and is a valued member of the highly regarded contentious trust and probate team at Clarke Willmott. He has extensive experience in bringing and defending a range of claims from contesting the validity of Wills to pursuing trustees for maladministration.

Robert is a member of and Regional Coordinator (Somerset and Dorset) for the Agricultural Law Association. He is also a member of the Property Litigation Association.

How Rob can help you

Robert advises clients operating in the commercial and agricultural sectors on contentious property matters relating to:

• Boundaries;
• Adverse possession;
• Trespass;
• Nuisance;
• Easements – including rights of way;
• Agricultural Holdings Act 1986 tenancies and Farm Business Tenancies (including notices to quit, succession and breaches of covenant);
• Land drainage and flooding;
• Proprietary estoppel; and
• Co-owner property disputes including declarations as to ownership and/or claims for occupation rent.

Robert also defends and brings claims:

• under the Inheritance (Provision for Family and Dependants) Act 1975;
• contesting the validity of Wills (due to lack of testamentary capacity and/or want of knowledge and approval);
• against executors and trustees for breach of trust/maladministration; and
• against solicitors in relation to Will drafting and the construction of Wills or mistakes in Wills.

Experience

• Acting for a group of five landowners/farming businesses in King & Ors v Environment Agency[2018] EWHC 65 (QB) (19 January 2018) – a test case against the Environment Agency under the Human Rights Act 1998.
• Robert has acted for clients in matters before the Registrar at HM Land Registry and the Property Chamber, Land Registration, First-Tier Tribunal including matter relating to boundary disputes and adverse possession. These cases are unreported.