Property Disputes Solicitors

Boundary disputes are resolved by reviewing title deeds, historic Land Registry plans, and physical features on the ground. Title deeds often include plans showing general boundaries but not exact measurements. Land Registry plans are not usually definitive about exact boundary locations. We can apply for determined boundaries from the Land Registry based on expert surveyor evidence establishing precise boundary locations. If neighbours can’t agree, court proceedings determine boundaries based on title deeds and expert evidence. Many boundary disputes settle through negotiation once both parties understand their legal positions.

Restrictive covenants are obligations in property deeds restricting how land can be used. Common examples include restrictions on business use, requirements for building approval, or prohibition on certain types of buildings. They bind current and future owners if properly registered. Covenants can be enforced by neighbouring landowners who benefit from them. However, old covenants may be obsolete or impossible to enforce if the benefiting land can’t be identified. You can apply to the Upper Tribunal to modify or discharge covenants in certain circumstances.

Adverse possession allows someone occupying land continuously for a long period to acquire legal ownership. For registered land, you need 10 years’ adverse possession before applying to be registered as owner. The registered owner can object, and you then need a further 2 years before applying again. For unregistered land, 12 years’ adverse possession gives automatic ownership. Adverse possession must be actual, exclusive, and without the owner’s permission. Simply using a neighbour’s land with their permission doesn’t create adverse possession rights.

Rights of way can arise through express grants in title deeds, implied rights necessary for property use, or prescription through long use. Prescriptive rights require 20 years’ continuous use as of right, without force, without secrecy, and without permission. Proving prescriptive rights requires evidence of consistent use throughout the 20-year period. If your use was permitted, you can’t claim prescriptive rights. Rights of way claimed through prescription can be challenged in court if the neighbouring owner disputes your claim.

Dilapidations claims involve landlords pursuing tenants for breach of repair covenants in leases. Commercial leases typically require tenants to maintain and repair properties, returning them in good condition at lease end. If tenants fail to do this, landlords can claim the cost of remedying breaches. Tenants can dispute dilapidations claims if they’re excessive or if works weren’t required under the lease. The Dilapidations Protocol requires landlords to follow specific procedures before suing. Claims are limited to the landlord’s actual loss, which may be less than full repair costs.

Costs vary significantly depending on dispute complexity and whether cases reach court. Cases requiring expert surveyors and court proceedings cost significantly more. We’ll discuss likely costs with you at each stage. Commercial property disputes and complex Land Registry litigation are particularly expensive. We provide detailed cost estimates based on your specific dispute. We aim to resolve matters efficiently, but property litigation can be costly when parties can’t agree. Fixed fees are available for some work.

Mediation is often appropriate for property disputes before issuing court proceedings. Courts expect parties to attempt alternative dispute resolution before litigation. Mediation allows parties to explore creative solutions not available in court, and can be quicker and cheaper than trials. However, mediation only works if both parties genuinely want to resolve the dispute. Where positions are entrenched or legal principles need determination, court proceedings may be necessary. We advise on whether mediation suits your case or whether immediate court action is needed.