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Fosters Solicitors

Residential Property Disputes Solicitors

How we can help

Our experienced Litigation & Dispute Resolution team can help support you through all types of residential property disputes, which we appreciate can be stressful and consuming, as they will often relate to your home.

Helping you resolve your dispute

We act for farmers, landowners and agricultural business specialists in a wide range of disputes, including agricultural tenancies and occupation, estate management, land ownership, agricultural partnerships, supply and contract disputes, succession disputes (for example upon death) – and the fallout that arises over boundary issues and concerning rights of way (easements), often in the context of rights of access to land.

How we can help

Agricultural disputes can be intrinsically complex in that they often overlap with a number of practice areas. Our Litigation & Dispute Resolution team works closely with colleagues who deal with commercial property, business and commercial work, estate planning and trusts to offer tailor made solutions that work for you.

Negotiating between parties

Where appropriate we explore alternative means of dispute resolution (ADR) at the outset and throughout the life of a claim (even once a claim has been issued). If mediation offers the best chance of achieving a successful resolution, we will refer clients to trusted, accredited mediators. We provide cost information up front and can assist you where appropriate in considering different funding options including the availability of legal expenses insurance (LEI).

Your boundary dispute experts

Boundary disputes with a neighbour can be stressful and time consuming. Unfortunately, they can also be unavoidable.

Our Litigation & Dispute Resolution team recognises that these disputes can feel personal and urgent, directly affecting your quality of life. As an experienced team, dedicated to finding cost-effective solutions, we are committed to providing appropriate support when you need it most.

How we can help

We can assist with a wide variety of boundary disputes including:

  • Challenges to the position of boundary features, such as fences, walls and hedge growth.
  • Allegations that adjacent owners have built unlawfully on neighbouring land.
  • Disagreements over rights of way (easements), for example shared access routes and access to land.
  • Neighbours failing to maintain boundaries.
  • ‘Party Wall Act’ disputes.

Negotiating between parties

Where appropriate we explore alternative means of dispute resolution (ADR) at the outset. If mediation offers the best chance of achieving a successful resolution, we refer clients to trusted, accredited mediators, with proven track records. We provide cost information up front and will assist you in looking at different funding options, including the availability of legal expenses insurance (LEI).

Meet our contentious trusts and probate expert

In some circumstances when somebody passes away, problems can arise over the proper administration of the deceased person’s estate.

Our specialist team is here to help you bring or defend a claim against an estate or a co-executor. Whether you are a personal representative or a beneficiary, or perhaps someone eligible who has been overlooked entirely by the deceased person – we are here to offer expert advice about your situation and to find a solution that works for you.

Our Partner, Chris Fielding, holds full membership of the Association of Contentious Trusts and Probate Specialists (ACTAPS), the principal organisation dedicated to promoting expertise in this niche area.

We can assist with all type of dispute that can arise upon death:

  • Challenges to the validity of a Will.
  • Disputes over the administration of estates (we act for both executors and beneficiaries).
  • Removing executors or trustees.
  • Recovering funds/assets owed to an estate.
  • Disputes over Lasting Powers of Attorney (LPAs).
  • Disputes relating to deputyship orders.
  • Claims under the Inheritance (Provision for Family & Dependents) Act 1975 (when the provisions of a will do not make reasonable provision for someone close to the deceased).
  • Claims for an account from those who have mismanaged money entrusted to them for the benefit of another Fraudulent Calumny (when a false impression of a potential beneficiary is made unlawfully to a testator with the purpose of having that injured person excluded from a Will).
  • Court of Protection claims over decision-making for someone without capacity.

What we can offer

We will listen to you and work out what you want to achieve. We aim to deliver your objective in a way you understand, one that offers value for money and that will allow you to move on. We will listen to you and work out what you want to achieve. We aim to deliver your objective in a way you understand, one that offers value for money and that will allow you to move on.

Negotiating between parties

We recognise that construction projects are often technical and complex, even those that seem straightforward can generate disputes that can have a significant impact on you – especially when it affects your home, property or business. These disputes can often involve a number of parties adopting conflicting positions over the same issues, meaning clear-thinking expertise that focuses on the relevant issues is paramount.

How we can help

Our Litigation & Dispute Resolution team will work with you at an early stage in an effort to resolve disputes with as little disruption as possible to business for our commercial clients, and to home for our individual clients. Where litigation is unavoidable, we represent clients in the High Court, County Court, at tribunals, at arbitration/mediation and within adjudication.

In complex cases that require expert input from outside the firm, we work closely with carefully selected, skilled barristers and industry recognised experts.

Our experienced and skilled litigators will support and guide you through the dispute resolution process in a professional manner. We focus on resolving disputes quickly and proportionately without the need to resort to the expense of litigation if it can be avoided. If a court ordered remedy is the only realistic solution, we will ensure you get the advice and assistance you need.

Experts in landlord and tenant disputes

Whether you are a tenant, where a dispute concerns your home, or a landlord, where a disagreement concerns a valuable asset and possibly a key source of income – we can help support you.

We are also proud partners of the Eastern Landlords Association (ELA) and if you are a member of the ELA, we offer discounted fee arrangements from the moment you confirm your membership status to us.

How we can help

We are here to assist with a wide variety of landlord and tenant matters including:

  • Possession claims (both residential and commercial premises).
  • Terminating and/or renewing tenancies.
  • Pursuing rent arrears and/or service charge arrears.
  • Dilapidation claims and claims for disrepair.
  • Enforcing landlord or tenant obligations.
  • Tenancy deposit issues.
  • Forfeiture claims.

Our dedicated solicitors, recognised in this field, regularly advise landlords and tenants from both the commercial and residential sectors. We offer clear, cost-effective advice based on years of dedicated expertise that we use to deliver your objectives.

Clear and transparent advice

We all use experts when it comes to complex or technical matters that require expertise. Often, we have no option but to place complete trust in these individuals or organisations. Human error, or incompetence can lead to negligence and in turn loss, so much so that when some aspect of an expert’s service falls below what you can reasonably expect, there can be grave, sometimes life-changing consequences. Typically, we assist clients in claiming against other legal professionals, accountants, financial advisors and surveyors who have made errors (usually unintentionally), that amount to professional negligence in a legal sense. Equally we have vast experience representing experts facing allegations that they acted negligently. The law provides a variety of remedies, often based around the notion of putting an injured party back in the position that party would have been, had the negligence never occurred.

How we can help

Our experienced and skilled litigators will support and guide you in a professional manner. We focus on resolving disputes quickly and proportionately without the need to resort to the expense of litigation if it can be avoided.

We are able to refer cases to independent, accredited mediators whenever mediation might offer the best chance of finding a solution to your dispute. We also provide costs information up front and will assist you in looking at different funding options, including the availability of legal expenses insurance (LEI).

We will listen to you carefully and work out a strategy (subject to advice) that delivers what you are looking to achieve, so regardless of which side of the dispute you find yourself, you can move on.

Your residential property disputes experts

Our aim is to give you the perspective you need to make informed decisions about how to move forward. We are happy to have an initial phone discussion, without obligation on you, to ascertain how best we can assist. We offer initial consultations to new clients at reduced rates, providing face-to-face or virtual meeting advice, followed up in writing. 

We regularly support clients involved in all types of property dispute, including where parties are in conflict over the proper interpretation of clauses in deeds, boundary disputes, legal argument over property owners’ obligations towards neighbouring owners/occupiers, dilapidations disputes, rent arrears, lease extensions/variations, subletting, disrepair claims, disputes over the exercise of break clauses, disputes arising out of the Landlord and tenant Act 1954 (and the statutory protection it afford tenants), and other landlord and tenant disputes, or disputes about parties’ respective interests in property.

Residential Property Disputes Solicitors

Our Property Litigation services and lawyers are recognised in The Legal 500 UK for providing service that is “knowledgeable, professional, communicative and collaborative”.