Property Dispute

Property Disputes are common and, without expert advice and support, can quickly become contentious. We understand that issues surrounding your home can be upsetting and it is our role to bring expert advice and a clear strategy to assist you before the issue becomes costly and complex. Taking immediate and concise action can also be critical to selling your property in the future.


We offer support for Residential and Commercial Property Disputes

For residential property disputes we can act in respect of landlords and tenants (e.g evictions, rent arrears, rent deposits, breach of tenancy agreements), land and property ownership disputes, easements, rights of way, adverse possession claims, restrictive covenants, access to neighbouring land to repair or maintain property, boundary disputes removing trespassers, squatters, and co-ownership disputes between unmarried owners such as cohabitants or business partners.

For commercial property disputes we can act for landlords, lessees, surveyors, developers and property management companies.  This can include issues in respect of rent arrears, section 146 notices, forfeiture and relief from forfeiture of lessees, unauthorised alterations, dilapidation claims, service charge disputes, proceedings in the High Court and County Court and the First Tier Property Tribunal.

We receive many questions in relation to property disputes, below we have answered a few. Please do get in touch if you have a question we haven’t answered.

Our solicitors have vast experience in the area of boundary disputes and can advise you on party wall agreements, positioning of boundaries, overhanging trees, trespass, overlooking windows, use of utilities, encroachment of neighbouring buildings, damage to your land by a neighbour, rights of way and adverse possession etc.

Early legal advice on any boundary dispute is key to ensure we can help you prepare a strategy on how to engage with your neighbours to put you in a position of strength, either ahead of a dispute or if matters have become contentious.

We have acted in many cases and can offer you guidance and support.

We act for landlords and tenants and can advise on rent arrears and rent disputes, termination of your tenancy, landlord and tenant responsibilities, obligations in your lease or tenancy, service charges and other disputes.

We understand matters can quickly become contentious and our aim is to provide sensible and pragmatic advise to resolve matters through negotiation and mediation. We are, however, well versed with supporting clients through a claim or defence in the civil courts if this is what is needed.

Yes we do. Property and land ownership disputes arise from a range of circumstances – these include divorce, co-habitation agreements, buying property with friends, inheritance and contested probate. We see a lot of ownership disputes that have arisen because of a family breakdown, second or multiple marriages.

We can advise both residential and commercial property and land owners in ownership of co-ownership disputes – including alternatives to litigation such as dispute resolution and mediation.

If agreement cannot be found, we can apply for a court order to prevent possible seizure of a property from another party.

Co-ownership disputes often arise when a jointly owned property needs to be sold or where one partner wishes to be ‘bought out’.

If you are an unmarried couple with the property in one partner’s name but you have contributed to the deposit and mortgage, you may be entitled to a share of the property.

If the property is in joint names it is presumed that each owner is entitled to 50% of the proceeds of any sale or 50% of the property value. Entitlement, however, depends on individual circumstances and if the property is registered as ‘Tenants in Common or as Joint Tenants.

Your home is a major financial investment and we therefore advise you to seek correct legal advice concerning your position from the outset.

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    Restrictive Covenants

    Whether you benefit from a restrictive covenant which is being challenged or are burdened by a restrictive covenant that you would like to challenge please get in touch.

    There are many types of restrictive covenants – from land use to types and styles of buildings. Most restrictive covenants are held at the land registry but sometimes old conveyancing documentation can hold the key to information. We can of course assist in the process and look to settle a dispute amicably or support you to take the matter to court to modify or to discharge the restrictive covenant.

    Adverse Possession Claims

    Unregistered land – you can apply to the Land Registry for Possessory Title of unregistered land after you have had possession of it for 12 years. A successful application would see you become the ‘owner’.

    Registered land – after 10 years of possession of a piece of registered land you are entitled to apply to the land registry for the Possessory Title of the land you occupy. If successful you will become the ‘owner’ of the land, however, there are many new rules involving objections and counter notices.

    Adverse possession is a tricky area of law, so it is advisable to approach an expert when trying to register a claim. Our team can advise you further.

    Easements/Rights of Way

    Easements and rights of way generally relate to private owned land that can be legally used by the general public or specific individuals for access.

    An easement offers a right to cross someone’s land for a specified purpose e.g. to maintain water, drainage, lay cables etc or to walk or drive across land to get access to other land. Easements can also prohibit the owner from using the land in a way that would interfere with that easement.

    A right of way is often provided to owners of adjoining land but can also be afforded to the general public (known as right to roam) – this is usually open access land such as moorland, mountains etc. There also public rights of way such as bridleways and footpaths than can also run across private land.

    We can assist you if you consider your right of way is being interfered with or that you may consider a neighbour doesn’t have right of way. We must state that minor infringements, while frustrating, cannot be legally pursued. For interference to be actionable it must be substantial. We can advise you on the prospects of success for any potential claim.

    Access to Neighbouring Land

    Sometimes you may need to gain access over your neighbour’s land to carry out essential repair or maintenance which is impossible or very difficult to do from your side of the property.

    If there are no express easements over the neighbour’s land that allows you to do this, you can apply to court for an Order under the Access to Neighbouring Land Act (ANLA).

    There are detailed requirements that need to be met for a court to make such an Order so early advice is essential and our lawyers can help.

    Whatever your property dispute, please get in contact and let us discuss your situation, possible action and outcome.

    We’re here to support your next step

    Request a video call, phone call or an in-person meeting

    “David’s efficiency in resolving a remarkably difficult property dispute put our minds at rest. If we should ever find ourselves in a similar contentious situation, we would not hesitate to call upon him. We are extremely grateful for everything David has done for us.” Property Dispute Client, Maidenhead, Berkshire

    Cameron KinrossProperty Disputes