Property Ownership Disputes
Property Ownership Disputes
Disputes over property ownership are legally complex. Whether it involves a residential property, a commercial premises, or inherited land, ownership disagreements can quickly escalate, affecting finances, relationships, and future plans.
Common cause of Property Ownership Disputes
Property disputes typically arise when two or more parties believe they have a legal right to the same asset. Common situations include:
- Co-ownership disagreements – when joint owners (such as couples, family members, or business partners) disagree on how a property should be used, maintained, or sold.
- Boundary disputes – neighbours may clash over the correct boundary lines, especially when fences, driveways, or extensions are involved.
- Inheritance disputes – family members may contest ownership after the death of a loved one, particularly if a Will is unclear or missing.
- Purchase and sale issues – problems often occur when there is a dispute about the terms of a sale or if one party tries to back out of a property transaction.
- Trust and beneficial ownership claims – one party may claim that, although legal ownership is in another’s name, they are entitled to a share based on financial contributions or agreements.
Such disputes often involve a mix of emotional, financial, and legal complexity, making expert advice essential from the outset.
Our litigation solicitors play a vital role in resolving property disputes efficiently and effectively. We quickly assess the strength of your position and set out your options. We have resolved many disputes without court proceedings. Our highly skilled solicitors can negotiate settlements, engage in mediation, and draft legally binding agreements to reflect the outcome
You may still have a claim if you contributed to the purchase price, mortgage payments, or improvements based on an agreement with the legal owner. This is called a ‘beneficial interest’. Evidence like bank statements, messages, and witness testimony can support your claim.
Yes, in many cases. If you and a co-owner cannot agree on what to do with a jointly owned property, you may be able to apply to the court for an ‘order for sale’. Courts generally favour allowing owners to realise the value of their interest unless strong reasons exist to refuse
It is not compulsory, but courts expect parties to try to settle disputes outside of litigation where possible. Mediation can save significant time and costs. If you unreasonably refuse to mediate, it may negatively affect your position on legal costs if the matter proceeds to court.
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