Property and Estates
Robert Weatherley’s areas of work focus on property and planning disputes. In the case of the former, Robert’s work encompasses land registration, commercial property, residential landlord and tenant law and agriculture. In the case of the latter, Robert advises on public rights of way and general planning issues. Recent work has included instructions to advise and represent at inquiry, in the First Tier Tribunal (Property Chamber), the Upper Tribunal (Lands Chamber), the County Court and the High Court.
Outside of Chambers, Robert taught at the University of Warwick between 2011 and 2024 and is the co-author (with William Webster, also of 3PB) of the textbooks “Restrictions on the Use of Land” and the second edition of “Planning Law: A Practitioner’s Handbook” (due to be published 2026). He was appointed as a Fee-Paid Judge of the First-tier Tribunal (Property Chamber) in 2026.
Property and Estates
Robert advises on cases relating to freehold covenants (including applications to discharge or modify the same in the Upper Tribunal), boundary disputes and claims for adverse possession of land, as well as cases relating to easements and profits, rights of common and claims to rectify the land register.
Robert also writes in respect of these areas. In 2024, the second edition of ‘Restrictions on the Use of Land’ was published. The text focuses on easements, freehold covenants, applications to list land as assets of community value, village green applications, wayleaves (and issues arising from the rights of statutory undertakers), TPOs (Tree Preservation Orders) and planning enforcement.
Notable cases include:
Applications to discharge or modify covenants said to impede prospective development
A claim for rectification of the register where the applicant alleged fraud
Applications to register prescriptive easements
Claims relating to interferences with easements, including those where declaratory relief is sought as to the scope of rights expressly granted
Claims relating to excessive user of an easement where a change of use was proposed (planning permission for a small-scale residential development)
Adverse possession claims under pre-and post-Land Registration Act 2002 rules
Advice in relation to the enforceability of restrictive covenants including those relating to building schemes
Advice and representation in relation to profits a prendre and rights of common;
Advice and representation in relation to disputes as to beneficial ownership of residential property in the absence of express trust declarations (i.e TOLATA claims).
Representation in the Upper Tribunal in a dispute between a statutory undertaker (a utility company) and a large telecommunications firm relating to the positioning of telecommunications hardware on nationally important infrastructure.
Robert advises and represents regularly in relation to public rights of way and more general planning matters. In relation to the former, work has included instructions at both inquiry and advisory stages.
Notable cases include:
7 days at a non-statutory inquiry acting for the objector (as junior) at a public inquiry relating to a large-scale development in Exeter (Village Green Application)
Instructions to advise and represent at inquiries to modify the definitive map made upon the discovery of evidence that is alleged to prove the location of a historic public right of way.
Instructions to advise and represent at a public inquiry relating to a public right of way said to have arisen by statutory presumption (long user).
Injunctions (both interim and final) under s.187B of the Town and Country Planning Act 1990 for breach of planning control.
Advising on the Community Infrastructure Levy both for the collecting authorities and for developers
Advising in relation to material change of use and planning appeals.
Advising in relation to planning enforcement (both on appeal of an enforcement notice and in the criminal courts).
Robert has experience of advising on: Farm Business Tenancies; Agricultural Holdings; and (in a residential/agricultural context) Assured Agricultural Occupancies. Robert also advises in related areas, including: options and overage agreements relating to the development of agricultural land; disputes relating to drainage rights; rights of common and profits; and rights of way disputes between farmers.
Notable cases include:
Advising and representing the tenant of a farm who sought to argue that he had a tenancy protected under the Agricultural Holdings Act 1986. The landlord averred that such protection had been lost and that the facts gave rise to an implied surrender and re-grant of the tenancy post 1995, by operation of law.
Instructions to advise and represent a landlord who sought to evict a former employee on the basis that he lacked security of tenure, not being an Assured Agricultural Occupant within the meaning of the Housing Act 1988.
Applications before the First Tier Tribunal (Agricultural Land and Drainage Division) for consent to the operation of a notice to quit an Agricultural Holding.
Disputes relating to agricultural rights of way, including a long running case between two farmers over the extent and scope of an expressly granted right.
Disputes relating to the contamination of ground water (i.e nuisance claims).
Cases related to drainage easements.
Breaches of planning control alleged against a farmer that owned a quarry site and the extent of his permitted development rights.
Robert advises on all matters relating to commercial leases from s.25 notices and forfeiture to dilapidation claims. Robert is able to provide advice on the interpretation and enforcement of leasehold covenants and rent reviews.
Notable cases include:
Instructions to advise and represent commercial landlords in forfeiture actions (including those where estoppel and waiver are alleged).
Dilapidation claims through to trial.
Contested lease renewals.
Rent review disputes (including at arbitration).
Service charge disputes.
Robert advises on all matters relating to residential leases, including: the payment of service charges; enfranchisement and lease extensions; forfeiture actions; rent repayment orders and possession (eviction) claims. More unusually, Robert has experience of dealing with particular issues that arise from absentee landlords, cases where the freehold reversion has escheated to the Crown and cases relating to tenancy fraud.
Notable cases include:
Instructions to advise and represent 42 tenants of a residential block of flats in a dispute concerning the payment of £3.2m in service charges for the replacement of defective cladding.
Instructions to advise and represent a groups of tenants in the First Tier Tribunal (Property Chamber) in a dispute about the reasonableness of service charges.
Instructions to advise and represent a landlord seeking to appeal a decision of the Local Authority to revoke his HMO Licence (First Tier Tribunal (Property Chamber).
Instructions to advise and represent the Respondent in the First Tier Tribunal (Property Chamber) in resisting a Rent Repayment Order.
Possession claims, including those involving technical defences under the Equality Act 2010 and claims of disability discrimination.
Instructions to advise in relation to implied easements in the context of a poorly drafted sub-lease, where the landowner (the Crown, the land being escheat) was refusing to become involved in the management of the block of flats.
Instructions to advise a landlord in respect of various acts of encroachment by a tenant who was claiming adverse possession of loft space.
Instructions to advise and represent in Judicial Review proceedings, including those in relation to homelessness and local authorities’ duties under Part VII of the Housing Act 1996.
Advising the Housing Ombudsmen in relation to complaints made to them pursuant to the Housing Ombudsmen Scheme.
Reviews in the County Court pursuant to S.204 of the Housing Act 1996 where the applicant was seeking to appeal the decision of the local authority.
Year of Call: 2011
Middle Temple
Property Bar Association
South Eastern Circuit
Western Circuit
MSt, University of Oxford (Distinction)
LL.M,University College London (Merit)
LL.B (Hons), University of Warwick