Home Barristers are a uncommon however helpful commodity in present day world. Whilst the majority of these individuals who select law as a profession enter this role with the hopes and dreams of defending the public towards injustices within the greatest courts of the land, the great deal of the property barrister’s work is unusual in that it very rarely ends up with a visit to a court or a tribunal.
The public often come into get in touch with with property attorneys when they are buying or promoting their house, or entering into an arrangement for a lease of both commercial or domestic premises. The drafting of the documents essential for these transactions is often carried out by paralegals besides for the most complex of instances where solicitors or more qualified attorneys will turn out to be concerned. In these instances the role of the property barrister will only be noticed where a problem arises such as a boundary dispute, the interpretation of a restrictive covenant or giving an opinion upon whether the acts of a neighbor constitute a nuisance. Luckily these instances are uncommon but for these who attorneys who practice in this region the benefits are higher.
Prior to embarking upon litigation a property barrister will give a detailed opinion upon the merits of the situation taking into account the evidence which has been provided .There will often be a need for a site inspection to see at first hand the nature of the problem, as paperwork alone such as the title deeds to the property often do not disclose totally the nature or severity of the issue. In the occasion that the situation does have merits it is incumbent upon the barrister to outline the risks in litigating the situation as this may have a harmful effect upon the sale of the property at a later day.
Additionally there are costs to talk about in the occasion that the situation is misplaced in court.
Proportionality should also be considered is there any stage in investing thousands of lbs on authorized charges when all that is at issue is a strip of land which measures no more than 10 inches by thirty ft? Principles can be a very pricey commodity. Alternative techniques of settlement of the situation should be explored by the barrister such as mediation and /or arbitration which may be a more expeditious and less expensive solution to the problem.
The role of a property barrister is multi-faceted as can be noticed from the instance over and is an fascinating and mentally stimulating role, contacting upon the barrister to demonstrate higher degree specialized skills in a complex region of law linked to the ability to use tact and diplomacy in what can turn out to be a fight of wills between two neighbors.