Real estate

Specialist legal advice for all aspects of real estate investment and development

Our national Real Estate team is one of the largest in its kind in the UK and includes experts in commercial property investment and development, property litigation, planning and the environment, construction law, and restructuring and insolvency. We have the deep sector knowledge and experience across the full spectrum of real estate asset classes that you need for any transaction, no matter how large or complex.

The people in our team are not only excellent lawyers but are also fully aware of the specific requirements of our clients, the market in which they operate, as well as the challenges and opportunities within the sector.

Our real estate team act for commercial and residential property developers, investors, funders, occupiers, public sector bodies, major retailers, charities and private landowners to help them develop, manage and maintain their property portfolios. Our expertise is broad and we act across a wide range of sectors.

Our Expertise

Real estate investment

Our investment lawyers work for a multitude of real estate investors across the full spectrum of real estate asset classes. We have breadth of experience in dealing with the transactional documentation together with negotiating the financial features of a deal. This experience, combined with our knowledge of the investment market across the UK, enables us to provide excellent value and service to our real estate domestic and international investor clients.

Real estate development

Our development lawyers work with private and public sector developer and occupier clients and we understand the issues faced from both sides of the deal. We have the experience and skills to cover all types of complex developments and the breath of our knowledge ensures our clients receive comprehensive advice on the development process. We also have specialist expertise in the later living sector.

Real estate asset management

Our experienced and dedicated asset management team provides a comprehensive service throughout the lifecycle of a real estate asset, from acquisition to management and disposal. Working hand in hand with our real estate sector investment and development lawyers, we manage the assets of a wide range of clients in the UK including all aspects of the landlord and tenant relationship. We appreciate our clients need for their legal advisors to act quickly and efficiency to avoid rental voids, tenant issues and to keep costs to a minimum.

Real estate disputes

Our national Property Litigation team covers all aspects of property management and development disputes. We can provide advice on potentially contentious matters at the drafting stages or early negotiation, straight through to proceedings. Our aim is to help our clients achieve their commercial objectives as efficiently as possible, with the vast majority of disputes being settled by negotiation or mediation.

Planning and the environment

Our Planning team provides robust and practical expert advice on contentious and non-contentious planning and environmental law issues in relation to all forms of development. We have significant experience that covers general planning and strategic planning advice. The environment is a key factor in planning considerations and our national team can cover all aspects of environmental law, including environmental impact assessments and tree preservation orders.

Construction and infrastructure

Our Construction team comprises experts in contentious and non-contentious construction law. We draft and negotiate bespoke contracts and standard forms and can advise on all aspects of the procurement process, including infrastructure. Should you find yourself in a dispute, we can help you find resolutions through adjudication, mediation and litigation. We can also highlight potential disputes before they rise so you can mitigate risk.

Telecoms

Our Telecoms team often acts exclusively for landowners against the main code (Schedule 3A of the Communications Act 2003) operators and has advised on telecoms issues for over 20 years. We routinely advise on the removal of telecoms masts, approaches made by operators for multi-skilled visits, on rights to install new masts and fibre/broadband cabling, on the renewal of mast agreements and rights to upgrade existing equipment. We have completed many agreements under the new code.

Example of our recent experience

• Acting for Retirement Villages Group Limited advising the client on the development of a series of retirement facilities across the UK, including recent developments in Chester and Exeter. Instructions include the drafting and negotiation of a full suite of Construction documents to include a JCT D&B 2016 suite of amendments and ancillary documents including consultant framework, long and short form appointments, novation’s, warranties and sub-contracts.
• Acting for Mapeley Steps Limited in relation to the letting of a large office space in Euston Tower to Google. The Property is held by Mapeley as part of the historic HMRC portfolio on which we have acted for 15 years. Our knowledge of the portfolio and arrangements with HMRC meant we could deal efficiently and achieve the outcome the client required.
• Acting for Summerfield Developments (SW) Limited relating to their commercial development site at Westpark 26, Wellington. This has recently involved a successful development and letting of a new McDonalds Drive Thru restaurant. We are acting in respect of new lettings to two national retailers of units at the site. We are also acting in relation to the development agreements in respect of the construction of the new units and in relation to the eventual leases to be granted to the occupiers.
• Providing real estate dispute resolution advice to Mileway, the leading pan-European logistics real estate company, on its extensive logistics portfolio.
• Advising John Lysaght Properties and Feeder Estates on a mixed-use development of a 4.4ha site at Silverthorne Lane, St Philips Marsh in the centre of Bristol to provide residential accommodation, commercial/teaching buildings to be occupied by the University of Bristol, student accommodation, a new secondary school and employment use. We have advised on strategic planning matters including on the framing of the planning application submitted to Bristol City Council, on CIL and on the Section 106 and Section 278 Agreements that will be required to secure the planning permission and to allow a start to be made on site.
• Acting for an investor landowner in successfully removing several telecoms code (Schedule 3A of the Communications Act 2003) protected operators from a prime Central London site.

What our clients say about us

“The team are very client-focused, quick to react to issues as they arise and good engagement from partner level down.” The Legal 500 2022

“Very pleased with how the team point things out and structure their advice.” Chambers UK 2022

“Clarke Willmott have a great team of property specialists that deal with the technical complexities allowing me to get on and run my business.” The Legal 500 2022

“The team has good strength in depth and has the internal expertise to deal with almost any problem.” Chambers UK 2022

“Deep experience in the property world, which they bring to bear on the litigation side of things. Adept at reading and understanding plans, maps, developments and the needs of developers.” The Legal 500 2022

“Personable, responsive, good old-fashioned customer service.” The Legal 500 2022

“Very positive approach, working to tight deadlines without fuss. Approachable and willing to explain issues, whilst being reasonable on fees. We find they meet all our requirements in all areas of real estate lending and have good depth of resource and expertise to draw on when needed.” The Legal 500 2022

Contact a real estate solicitor

If you would like to find out more about how we can support your business, please contact the head of our Real Estate team, Graham McIntyre, call us on 0800 652 8205 or get in touch online.

Clarke Willmott has offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.