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