Property Litigation

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Property disputes can be a stressful and difficult time that ultimately needs experienced lawyers to help you reach a satisfactory solution quickly. We strive to find the best solution for you in all types of property and real estate disputes and work to minimise the risks of disputes escalating to litigation where possible. All options for dealing with your dispute will be considered including negotiation, mediation, alternative dispute resolution, arbitration and court proceedings, in order to advise you on the most appropriate way forward in your case.

Our expertise spans all facets of property and real estate litigation services including:

Easement and Boundary Disputes
Right To Light Disputes
Neighbour Disputes
Traveller and Trespasser Eviction
Trespass Claims
Beneficial Interest in Property
Estate Agent Claims
Sale of Land Disputes
Disputes Over Property Owned Abroad
Landlord and Tenant Disputes

Easement and Boundary Disputes

Disputes over boundaries or access to land can be common issues, especially when boundaries, land usage and status as public and privately owned land has changed. These disputes can include parking arrangements, right of way disputes or construction of boundary fences.

Right-of-way disputes can impact your property or business negatively whether your land is being used as a thoroughfare, or alternatively, access to your property is being impeded. Whether you own or are using the land, it is important that a legal agreement is reached to establish terms and avoid further disputes in the future.

Right to Light Disputes

The right to light in your property is an old law that grants a householder the right to protest activities that would block existing light that enters their home.

Such issues can arise when a neighbour has a hedge that has been allowed to grow too high, or when building plans show a structure will be too close or overhang your property preventing light accessing your home.

Neighbour Disputes

Many issues can cause problems between neighbours and such disputes can easily escalate into extremely stressful situations that are only worsened when you live or work nearby. Such issues can arise over noise, privacy, nuisance or boundaries.

It is important to get help to try to resolve these issues before they get out of hand and impact on your everyday life. Talk to our specialist personal litigation solicitors for more information about how we can assist you throughout the process.

Traveller and Trespasser Eviction

Travellers, Trespasser and Gypsies illegally residing on your land can result in damage, expense and inconvenience to you or your neighbours. If someone enters your land without permission and will not leave we can advise and assist on the best course of action to remove them.

Trespass Claims

As well as evicting trespassers from your property, you may also be able to claim damages or compensation as a result of their actions if you have suffered loss as a result. We can advise whether this is possible, your options for claiming and the likely prospects of success.

Beneficial Interest in Property

Ownership of land can be4 described in two ways, legal ownership and beneficial ownership or economic benefit. The legal owner will not necessarily be the same as the beneficial owner or owners.

The legal owner of a property is responsible for the land and are the parties registered under the Land Registry as the legal owners. The beneficial owner of the property has a right to a share of the income or benefits generated from the property and proceeds generated from its sale.

This situation can be common among cohabiting couples or where the property is registered in one name, the other party could still be entitled to a share in the value of the property.

There are many considerations to make in areas where the beneficial and legal owners of the property are different parties. This area of law is complex and therefore specialist advice should be taken at the earliest opportunity to.

Estate Agent Claims

Claims against estate agents can be made if they have been negligent in the way they have conducted their professional duties, resulting in you suffering a loss.

Estate agent negligence can include applications of agency fees when a buyer was found through other means, over- or undervaluing a home or misrepresentation of a property. In these cases, the agency agreement and the manner of sale all need to be carefully considered by a professional to understand if you have a claim and the best route to claiming compensation.

For more information about professional negligence claims, please visit Personal Professional Negligence Law or contact a member of our Litigation team.

Sale of Land Disputes

If you are selling your home or have recently purchased a home, disputes can arise from the agreement to sell land in a number of ways. This could include where fixture and fittings were agreed in the sale but have been removed by the seller or where there is a defect such as a drainage issue that has not been disclosed.

Our highly experienced litigation and dispute resolution solicitors can assist you with a contractual dispute of any kind and assist you in reaching a satisfactory resolution. Contact our experienced team as soon as a dispute arises, as there may be a time frame during which you must make your claim.

Disputes Over Property Owned Abroad

With increased globalisation many more people now purchase property abroad and timeshares. These disputes are often complex, including lengthy legal agreements, often in a foreign language and involving the foreign law.

We can assist you throughout the process and where necessary liaise with foreign lawyers to help achieve the best possible outcome.

Landlord and Tenant Disputes

Whether business or residential property, disputes arise in many ways over instances of potential breach of contract. For example unpaid rent, pets being kept when not allowed under the tenancy agreement or the landlord not complying with repairing obligations.

There are countless situations where disputes can arise but whatever the circumstances it is important to get expert legal advice to know your rights and resolve the issue in the most appropriate way possible.