Property Dispute Solicitors
Specialising in commercial and residential property disputes
Property disputes relate to any dispute over property or land in a residential or commercial setting. They include conflicts between neighbours, boundary issues, rights to light, rights of way, and disputes between landlords and tenants over dilapidations, late payments and damage to property.
If you're facing a disagreement over your property or land, you may feel overwhelmed and uncertain about your rights and options. Higgs LLP's experienced property dispute solicitors are with you every step of the way, providing the pragmatic support and expert guidance you need to navigate challenging circumstances.
Our property dispute experience includes:
- Working with property management companies on lease renewals and disputes.
- Helping homeowners with issues over boundaries, fences, high hedges, knotweed, bamboo and neighbours' behaviour.
- Removing restrictive covenants on land to allow development.
- Securing possession of premises and defending claims for forfeiture and trespass.
- Resolving conflicts between landlords and tenants on dilapidations, rent arrears, services charges and property repairs.
- Obtaining order for sale relating to jointly owned properties.
- Gathering and investigating evidence, such as deeds and surveys, to build a robust case.
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Why choose our property dispute solicitors?
People driven, legal excellence is more than just a strapline. It is at the heart of our service and our promise to you.
Our expert team of property dispute solicitors will offer you the following:
Expert and pragmatic guidance: Our experienced and down-to-earth solicitors understand the impact of a property dispute and will guide you through your options with professionalism and expertise.
Bespoke solutions: Our legal advice is tailored to your individual circumstances. We work towards a resolution that protects both your interests and your property—all at a cost agreed with you upfront.
Full-service approach: You can benefit from a wide range of legal expertise across our full-service firm, including tax, property, and dispute resolution.
Trusted advice: Our advice has been trusted for 150 years. Our clients rate us 4.9* on Review Solicitors.
External recognition: The property dispute team includes members of the Property Litigation Association and is ranked in the legal directories Chambers and Partners and Legal 500.
Meet our property dispute solicitors
Nyree Applegarth
Partner and Head of Property Litigation
Charlotte Queenan
Trainee Solicitor - Property Litigation
Daniel Greatrix
Legal Director - Property Litigation
Eleanor Martin
Senior Associate - Property Litigation
Dannielle Long
Senior Associate - Property Litigation
Reanne Upton
Senior Associate - Property Litigation
Peter Humpherson
Partner - Property Litigation
Lauren Moult
Associate - Property Litigation
How can our property dispute solicitors help?
- Residential property disputes
- Boundary disputes
- Fence and garden disputes
- Property ownership disputes
- Lease extensions, renewals and disputes
- Nuisance neighbours
- Possession proceedings
- Restrictive covenants on your land
- Rights of way and easements
- Commercial property disputes
- Landlord and tenant disputes
- Dilapidation claims
- Party wall disputes
- Property disrepair
What are common residential property disputes?
Boundary disputes
Boundary disputes arise when two parties disagree about the position of a boundary. These cases can be contentious and complex, so you should seek professional legal advice.
We are one of only a few firms that have specialist boundary dispute solicitors. We have experience working with specialist surveyors who can advise where the legal boundary line may be and the best course of action.
Neighbour disputes
Our neighbour dispute solicitors have experience helping people deal with various nuisance neighbour behaviour, including noise levels, antisocial behaviour, excessive pet disturbance, and other issues such as high trees, damaged fences, or failure to repair.
If you can't settle things amicably, we can advise on the best course of action and make sure your legal rights are protected.
Land disputes
Land disputes can include right-of-way issues, where someone assumes they have the right to walk or drive over your land, or adverse possession, where someone occupies your land without permission. Both have the potential to become a real headache.
As these situations can become hostile quickly, it is a good idea to seek professional advice as soon as possible so you can understand your legal position and implement remedies before the situation escalates.
We can advise on a wide range of land dispute issues, including problems with covenants that restrict what you can or cannot do on your land; rights of light, which governs a person’s right to have sunlight into their property; and telecoms and easements, which looks at the rights of a communications company to erect a mast or telecoms equipment on your land.
Party wall disputes
A party wall dispute usually arises when a neighbour starts building work without serving notice under the Party Wall etc. Act 1996.
The Act provides the legal framework for protecting neighbours when particular modification works are carried out, but disputes can arise when notice is not given, unauthorised works start, or the parties cannot reach an agreement. Our party wall dispute solicitors can advise on notices, awards and injunctions.
What are common commercial property disputes?
Landlord and tenant disputes
We advise landlords and tenants in both the residential and commercial property sectors on a variety of issues such as tenancy breaches, deposit protection, service charges, recovering rent, dilapidation claims, squatters, terminating tenancies and disrepair claims.
We advise tenants on building safety, deposit protection, and what to do if they have been served a notice by their landlord.
Dilapidation claims
At the end of a commercial property lease, there are frequently disputes between a landlord and tenant about returning the property in the condition required to meet the repair obligations covered in the lease; these are known as dilapidation claims. We regularly advise on both terminal and interim dilapidation claims.
Residential tenancies
If you are a landlord experiencing problems with your tenant, such as failing to pay rent, causing damage to your property or refusing to leave, you must seek specialist professional legal advice.
If you are a tenant and believe your landlord is in breach of their repair obligations, there are disputes about maintenance or service charges, or you are falling behind on your rent, we can advise on safeguarding your legal rights.
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How are property disputes resolved?
Property disputes usually require legal intervention, which doesn't always mean going to court. Many other options exist, including mediation, arbitration, and meetings with all parties without prejudice.
Who pays the costs in a property dispute?
The person bringing the claim usually pays their own legal costs. However, any insurance policies are worth checking, as legal expenses cover may be included. If your claim is successful, it may also be possible to recover costs from the other side, but this is not guaranteed.
FAQs
A solicitor who handles property disputes is typically called a property litigation solicitor (sometimes called real estate litigation solicitors or a property dispute solicitors). This is a specialist area distinct from the solicitors who handle the buying and selling of property.
Property dispute solicitors deal with contentious property matters in both a commercial and residential context, such as:
- Boundary disputes – disagreements over where a boundary line actually sits
- Landlord and tenant disputes – rent arrears, evictions, breach of lease terms, service charge disputes
- Neighbour disputes – nuisance claims, rights of way, party wall disagreements
- Easements and covenants – disputes over rights of access, restrictive covenants, or other legal rights attached to land
- Adverse possession – claims to ownership through long-term occupation
- Co-ownership disputes – disagreements between joint owners (e.g. after a relationship breakdown) over what happens to a shared property
- Commercial property disputes – disputes between landlords and business tenants, dilapidations claims
A property dispute is any legal disagreement involving the ownership, boundaries, use, or condition of land or property.
If you have tried to resolve the property dispute amicably and are still having issues, the first step would be to contact specialist property dispute solicitors.
