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Property disputes can affect your home, your finances and your relationship with neighbours or joint owners. Getting clear legal advice at an early stage can help you understand your position, protect your property and avoid the dispute becoming more costly or difficult.
Our experienced property dispute resolution solicitors advise homeowners, landowners, leaseholders, joint owners and management companies on a wide range of residential property disputes. If you want to find out more about our Landlord and Tenant Legal Services, please visit our Landlord and Tenant service page.
We will take the time to understand what has happened, explain your legal options clearly and help you identify the most practical way forward. Where possible, we will work towards resolving the matter through negotiation, mediation or another form of dispute resolution. If court or tribunal proceedings are necessary, we will guide and represent you throughout the process.
Common types of disputes we advise on include:
Adverse possession
Adverse possession disputes can arise when someone has occupied or used land belonging to another person for a prolonged period and seeks to claim ownership of it. Different rules apply depending on whether the land is registered or unregistered, and adverse possession can also become an issue in boundary disputes.
Boundary disputes
Boundary issues are a common cause of neighbour disputes in England and Wales according to the Royal Institution of Chartered Surveyors (RICS), and can arise over fences, walls, access routes or the ownership of a particular area of land. The documents held by HM Land Registry do not always provide a precise answer, so other evidence may need to be considered.
Rights of way, easements and access
An easement is a legal right that allows someone to use another person’s land for a particular purpose. This could include a right of way on foot or by vehicle, access for maintenance, drainage, rights to light or the overhang of gutters and other structures. Disputes can arise over whether an easement exists, how it may be used or whether a neighbour is exceeding or interfering with their rights.
Restrictive covenants
A restrictive covenant is a legal obligation that limits how land or property can be used. Disputes can arise when a property owner is accused of breaching a covenant, for example by carrying out building work, changing the property’s use or pursuing a development. Restrictive covenants can also help protect a property from unwanted development.
Property misrepresentation claims
A property misrepresentation claim may arise when a seller provides inaccurate or misleading information about a property, and the buyer relies on that information when deciding to proceed with the purchase. This could involve incorrect information about neighbour disputes, property boundaries, building work, rights of way or other known issues.
TOLATA claims and joint property ownership disputes
A TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim may arise where joint property owners cannot agree about their respective beneficial interests, how rental income should be divided or whether the property should be sold. The Court can determine each party’s financial interest by considering their intentions when the property was acquired and, in some cases, whether their common intention subsequently changed. A Declaration of Trust can help clarify each owner’s share, but disputes may still arise if the document is unclear, poorly drafted or no longer reflects the parties’ intentions.
Residential leaseholder and management company disputes
Disputes can arise between residential leaseholders, freeholders and management companies over their respective rights and responsibilities. Common issues may include service charges, repairs and maintenance, alterations, access, insurance or an alleged breach of the lease.
Why choose Battens Solicitors for property dispute resolution?
Our Property Dispute Resolution team provides specialist legal advice with a practical, straightforward approach. We will:
- Listen to your concerns and what you want to achieve
- Explain your legal position clearly
- Review the relevant documents and evidence
- Discuss the costs, risks and possible outcomes
- Explore practical ways to resolve the dispute
- Represent you in court or tribunal proceedings where necessary
- Keep you informed throughout
Our Lexcel-accredited team is rated highly on Review Solicitors and includes members of recognised professional bodies, including the Property Litigation Association and the Chartered Institute of Legal Executives. We advise property owners across Somerset, Dorset, the wider South West and throughout England and Wales.
Speak to our property dispute resolution team
If you are involved in a dispute about your home, land or jointly owned property, getting advice early can help you understand your rights and prevent the situation from escalating.
Contact our property dispute resolution solicitors to discuss your circumstances and find out how we can help.
Call us on 0800 652 8373, email us on [email protected] or complete our online enquiry form.
Residential Property Dispute Resolution
FAQs
What is a property dispute?
As the term suggests, it is any dispute, or potential dispute, involving land and buildings. Examples include disagreements about the location of the property boundary, the existence or nature of the rights of way that benefit or burden a property, or whether there are any covenants that seek to regulate what can and cannot be done on a property.
In the context of residential leasehold property, breach of lease disputes commonly relate to unauthorised alterations, use for short-term Airbnb type lets, noise nuisance and non-payment of service charges or ground rent. There are many statutory rights designed to protect residential leaseholders, whether governing the reasonableness of service charges or empowering leaseholders through enfranchisement, the right to manage or lease extensions.
Co-owners of property who cannot agree on their respective shares of a property, including whether it should be sold, can ask the court to determine their dispute under legislation known as TOLATA (Trusts of Land and Appointment of Trustees Act 1996). This applies to disputes between joint owners of property, including unmarried couples and business partners.
We also think of property disputes as including misrepresentation claims, where the seller of property is accused of giving false information, usually in the form of hiding problems from the buyer.
Construction disputes concerning work done to buildings are dealt with by our Commercial Dispute Resolution team.
Do I need a solicitor for a property dispute?
No, but the law is often complex and without a lawyer your case could be weakened if you miss out something and have to introduce it later. If court proceedings are started you could be penalised with an adverse costs order if you have to go back and correct errors, or even have your case struck out if it is not properly formulated.
Can property disputes be resolved without going to court?
Yes. The courts strongly encourage settlement talks, including mediation. Settlement involves compromise by both parties, but provided they are well prepared and understand the strengths and weaknesses of their positions, and the costs of litigation, structured settlement negotiations like mediation can have a high success rate. A party who unreasonably refuses to mediate can be penalised heavily with an adverse costs order.
“Battens were recommended by a professional friend and we are very happy that they did. We are more than satisfied with the way Battens, Ceri and Rachael, in particular, took ownership of our land dispute, which they have now recently completed, on our behalf. It couldn’t have gone any better. From the start, they gave us the confidence that they would represent us as well as, or better than, anyone else could.
They provided good and timely information, throughout, and advice, based on this information and they were always pleasant to work with.
Based on this experience and given similar circumstances, we would be happy to work with them again.”
“When involved in any litigation process, it becomes extremely stressful, often impacting and sometimes taking over normal day-to-day living. At all times, we felt Battens were working on our behalf but it was also comforting to know that they were there, supporting us through what was a very difficult time. If we had questions, queries or simply needed reassurance, we were able to make contact, quickly and easily. Of course, a successful outcome is the goal and in our situation, the 'icing on the cake'. We are pleased to say that this was achieved. We have absolutely no hesitation whatsoever in recommending Battens of Yeovil.”
“Excellent service. Would definitely use your services again if needed.”
“I found Jacqui Swann very positive regarding my situation and she was completely open, transparent and very clear and concise whilst dealing with my case. Should I have any requirement for legal services in the future, I would have no hesitation in returning to use the services of Jacqui Swann at Battens.”
“Very positive and to the point. Jacqui Swann and her assistant were very professional and helpful in dealing with a sensitive matter.”
“I was very pleased with the help I received in resolving my case. Thank you very much to the team working on the case who kept me informed clearly and promptly throughout the process.”
“Jacqui Swann has been as helpful as she possibly could which I believe helped bring about my claim concluding successfully.”
“It's the 2nd times the Battens solicitors helping me. Jacqui and her team are very helpful, friendly, quick responding and professional. I will definitely to use them again.”