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Property Disputes

Resolving property disputes the right way

Owning property can be a complex business, particularly if you are in a dispute with your neighbour or maybe having problems with your tenants.

When a property dispute gets out of hand, it can be a costly and tiresome process if you don’t have the right advice and resources to help you.

Our Property Dispute team have years of experience advising homeowners and landlords on a number of property issues, from boundary issues to adverse possession and charging orders. When it comes to these disputes, proper advice and experience are essential to ensuring the best outcome. It is often the case that seeking advice at the earliest stages can help reduce any issues further down the line.

Boundary Disputes

There are many different scenarios which can lead to a boundary dispute, from an overhanging tree blocking sunlight in the adjoining property, right through to issues of Adverse Possession, Party Wall and Rights of Way disputes, which can potentially cost you a lot of money in legal and expert fees.

The Party Walls and Structures Act 1996 lays down strict procedures as to the giving of notices, selection of surveyors and the general procedure to resolve this type of dispute.

Rights of way are rights which one party can enjoy over another’s land without actually having the right of ownership of the land in any way. Our team can provide advice as to whether a right of way exists expressly or by implication. The Prescription Act 1832 provides that if a party has enjoyed a certain right over the land of another’s ‘openly, as of right, without permission’ for 20 years or more, then that right can be defeated.

We have experience in all of these matters and we would be happy to help. We will provide realistic advice to you from the outset and take a proactive approach to solving the problem, whatever it may be, keeping litigation as the last resort.

Land Tribunals

If you are involved in a dispute over the value of your land, you might find yourself having to go in front of the land tribunal. This is a specialist judicial body that deals with cases under various acts of parliament. The main functions of the land tribunal are to settle disputes over compensation regarding land, and to consider applications to lift or modify restrictions on the use of land.

It is important to have good legal representation as whoever you purchased your land from could have legally applied any number of restrictions to inhibit you from using your land in a certain way.

Some of these ‘restrictive covenants’ occur more commonly than others, and include:

  • Restrictions regarding any building or residential development
  • Restrictions regarding the erection of any structure on the land
  • Restrictions regarding any activity that will cause a nuisance to neighbours
  • Restrictions regarding the land being used for commercial purposes

If you need to dispute a restriction that a previous owner placed on your land, or have any other problem that you think might be a matter for the land tribunal, then we can advise you and, where appropriate, provide you with legal representation.

Get in touch with the team today by clicking here.

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