Property Dispute Lawyers

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 take professional advice as soon as possible so you can understand your legal position and put in place remedies before the situation escalates.

Our experienced property disputes team has years of experience in dealing with such cases, advising individuals up to large corporations.

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.

Boundary disputes

Boundary disputes arise when two parties disagree about the position of a boundary. These cases can be contentious and complex, which is why you should seek professional legal advice as quickly as possible.

We are one of only a few firms in the West Midlands that specialises in resolving boundary disputes and our dedicated team has extensive experience in working with specialist surveyors who can advise where a legal boundary line may be and the best course of action to take to resolve a boundary dispute.

We also have considerable knowledge and trial experience of claims involving a party that has acquired land based on long user or adverse possession, so if you are seeking to acquire land or are challenging a difficult neighbour’s actions, our expert team can help you.

We understand that a boundary dispute can be stressful and we endeavour to reach an agreement early in the process by reviewing the documentary evidence. If you reach an agreement at this stage, we can draw up a legal agreement to send to the Land Registry to officially record the position of the boundary.

However, if you are unable to agree, we will work on your behalf to negotiate with the other party’s solicitor or the matter can go to mediation, where an independent mediator facilitates discussions between you and the other party to enable you to reach an agreement.

Mediation is often cheaper and quicker than going to court, but if litigation is the only way to resolve the case, we will help you to build your case. The dispute and evidence from both parties will then be assessed by a Judge, who will make the final decision.

Neighbour disputes

Disputes with neighbours can be stressful and can damage relationships.

If you have a conflict with a neighbour – whether that is over noise, anti-social behaviour, excessive pet disturbance or other issues such as high trees or damaged fences / failure to repair – we can help you to resolve matters quickly.

If you have been unable to resolve your dispute amicably with your neighbour, our team can advise on the most appropriate course of action and guide you to ensure your legal rights are protected.

It is always our intention to help you to resolve your dispute efficiently and cost effectively.

Residential tenancies

If you are a landlord and you are 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 as soon as possible.

If you are a tenant and you believe your landlord is in breach of repairing obligations or there are disputes about maintenance or service charges – or if you are falling behind with your rent – we can advise on how to safeguard your legal rights.

Our experienced team has significant experience in this area of law and we can help you to navigate through the complexities and bring your dispute to a swift conclusion.

Our expertise also includes dealing with lease extensions, rights to manage and party wall issues.

Landlord and tenant disputes

We advise landlords and tenants in both the residential and commercial property sectors.

We can help if you are a landlord who needs:

• Advice on residential tenancy deposit protection
• Advice on residential service charge consultation if you need to carry out works to the property
• To recover rent arrears
• Advice if you have squatters in your property and want to get them out
• To terminate a tenancy or recover possession of property
• To recover money from a tenant when they leave a property in disrepair.

If you are a tenant, we can advise if you:

• Are concerned about the safety of your building
• Think your landlord is claiming too much service charge
• Believe your deposit has not been properly protected
• Are struggling to pay
• Have been served with a notice to leave and do not know what to do
• Need to serve notice to end your lease midterm.

We aim to resolve your dispute as quickly and as cost effectively as possible.

Our friendly team will work with you to identify your objectives and will provide clear and practical advice on your legal position, your options and our recommendations.

We understand that disputes are unwelcome and can be costly and time consuming, but we have considerable experience in all forms of dispute resolution: negotiation, mediation, arbitration, expert determination and litigation.

Our expertise includes:

• Acquisition and development disputes
• Adverse possession, boundary disputes and nuisance claims
• Agricultural law
• Asset management issues
• Break notices
• Dilapidations
• Lease renewals
• Possession of commercial property and open land
• Rent arrears
• Rights to light
• Tenant insolvency
• Termination of tenancies
• Advising on all aspects of the Digital Economy Act 2017
• Defending clients involved in Court proceedings brought by network operators.

Party wall disputes

A party (shared) wall sits on the boundary of land between two – or sometimes more – different owners. These can include the walls between terraced or semi-detached houses.

The Party Wall Act 1996, which applies to houses in England and Wales, was introduced to stop building work that could affect the structural integrity of any party wall or adjoining properties without proper procedures being followed. This can include:

• Work to garden boundary walls
• Excavation works – or underpinning – within 3-6 metres of the party wall
• Loft conversions that will necessitate cutting into a party wall
• Inserting a damp-proof course into a party wall.

It provides the legal framework for protecting neighbours when certain modification works are being carried out, but party wall disputes can arise when notice has not been given, unauthorised works have started or the parties cannot reach an agreement.

We provide expert advice to those who are seeking to carry out work to their property and to those who are affected by another person’s building work.

Contact our property disputes team if you need any guidance on:

• Advising on works that fall within the Party Wall Act 1996
• Drafting party wall notices
• Negotiating and drafting party wall agreements
• Issuing and defending disputed claims in the Tribunal Courts
• Applying for interim and final injunctions
• Appealing awards.

Our advisors are also members of the Pyramus and Thisbe Society, a learned society that promotes excellence in party wall practice.