Jonathan Lowe

Call 2008

Photo of Jonathan Lowe

Property and Planning

Jonathan is instructed in the following areas:

  • Mortgage disputes, mainly for lenders
  • Real property disputes
  • Landlord and Tenant
  • Probate actions, in particular Inheritance Act claims
  • Trusts

He has appeared before the courts and various property tribunals dealing with the various disputes arising in these areas.

Property & Planning Cases

Selected Concluded Cases

  • Consolidated Finance Limited v Hunter [2010] BPIR 1322 – successful claim for possession by a mortgagee following breach of bridging finance agreement
  • Successful claim for possession by a mortgagee in the face of multifarious defences including breach of FCA regulations, breach of agreement and equitable arguments
  • Successful claim for declaration of entitlement to beneficial interest in a property and order for sale pursuant to section 14 Trusts of Land and Appointment of Trustees Act 1996
  • Successful defence to claim for a right of way based on prescription
  • Partially successful two day hearing before the Leasehold  Valuation Tribunal concerning withheld service charges
  • Successful claim at trial and on appeal by a landowner enforcing prescriptive right of way to a landlocked property

Examples of Ongoing Cases

  • Various actions arising from mortgages
  • Action for an order for sale by a charge holder in the face of a claim to beneficial ownership by the spouse of the debtor.
  • Family dispute as to beneficial entitlement to substantial land holdings
  • Boundary disputes
  • Proceedings involving the interpretation and application of repairing covenants in a lease