Joshua Shields
Josh has experience in the following areas:
Real Property
Areas of practice:
• Land contracts (termination, breach of contract,
overage, options)
• Mortgages and charges (undue influence,
mortgagee's duties, priorities)
• Restrictive covenants (enforcement and breach,
removal or modification in the
Lands Tribunal)
• Boundaries, adverse possession
• Licences
• Easements (rights of way, rights of support)
• Tresspass and nuisance (including flooding,
noise nuisance and nuisance
caused by trees)
• Co-ownership (including TLATA and claims in the
insolvency context)
• Proprietary estoppel and constructive trusts
• Adjudicator to HM Land Registry hearings
• Professional negligence claims (solicitors,
surveyors)
Recent Instructions
• Hearing before Adjudicator to HM Land Registry in
relation to adverse possession
• Instructions in respect of transaction at undervalue
to defeat enforcement of
financial order in matrimonial proceedings
• Injunction and trial in relation to breach of
restrictive covenant
• Application for judgement debtor to attend court in
support of order
• Claim to right of way based on grant and
prescription
• Trial in respect of exercise of undue influence
against vulnerable person by
second wife coupled with claim by the second wife
for provision under the Inheritance
(Provision for Family and Dependants) Act 1975
Landlord and Tenant
• Commercial, agricultural and residential
tenancies, licences and service occupiers
• Landlord and Tenant Act 1954
• Agricultural Holdings Act 1986
• Termination, possession and enforcement
(including surrender, forfeiture,
relief and waiver, disclaimer and break clauses,
distraint)
• Covenants against assignment
• Dilapidations
• Rent review
• Construction and rectification
Recently instructed in cases involving:
• Distraint in context of liquidation and
administration
• Enforcement of AGA
• Phone mast leases
• Security under the 1954 Act
Education
Royal Grammar School, Newcastle-Upon-Tyne
Trinity Hall College, Cambridge University
