If home is where the heart is, it’s no wonder property disputes can feel particularly stressful.
Our team have dealt with hundreds, if not thousands of property disputes over the years, and there is a reason why we are one of the most trusted solicitors for property disputes in the UK. Here’s where having an experienced legal team on side makes all the difference.
Led by Partner Michael Callaghan, our Dispute Resolution team has decades of collective experience in resolving property disputes through court litigation and alternative dispute resolution such as mediation and negotiation. The team has particular expertise in high-value and complex litigation cases.
Michael is a qualified mediator with the Centre for Effective Dispute Resolution and has been a member of Property Litigation Association for over 10 years.
Our Dispute Resolution team regularly advises private clients on all kinds of issues around property, including:
- Boundary disputes
- Party wall disputes
- Restrictive covenant disputes
- Property ownership disputes
- Easements and rights of way disputes
- Right to light disputes
- Co-ownership claims
- Possession proceedings
- Lease forfeiture
- Adverse possession
- Nuisance claims
- Service charge disputes
- Removal of squatters
We understand how upsetting a dispute can be, so rest assured we’ll aim to get you the best possible resolution, quickly and in the most stress-free way possible.
“Property disputes can be extremely messy, often involving large sums of money. We have a dedicated team on hand to support you during a very emotional and stressful time..”
Michael Callaghan, Partner
Consult our property dispute resolution solicitors in Essex now
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How our property dispute lawyers can help you
Boundary disputes & party wall disputes
Disputes over boundary lines and party walls are some of the most common issues that arise in relation to residential property. These matters are often complicated by a lack of clear plans as those included with property titles are normally only general in scale.
Our property dispute solicitors can work with a chartered surveyor to clearly establish where a property line lies, helping to clarify the situation. We can then work with you and the other party to find an amicable solution where possible or initiate court proceedings to protect your position where required.
Restrictive covenant disputes
Where a property is affected by a restrictive covenant, this can have a significant impact on the residents. Often residents will want to seek to have the covenant removed, although there may also be situations where a restrictive covenant has been breached and another party, such as a landlord or residents’ management company will need to take action.
We can advise on the effects of a restrictive covenant, whether it may have been breached and the options for removing a covenant as appropriate.
Property ownership disputes & co-ownership claims
The ownership of property can often be complex, especially where two or more parties have contributed financially to the property in unequal amounts. Exactly what percentage of the property each party owns will depend on the legal nature of the ownership (e.g. joint tenants or tenants-in-common) and any legal agreements (such as a declaration of trust) that may be in place.
Our property dispute resolution solicitors can provide clear advice on your legal stake in a property with respect to all relevant documentation, then help you to find a positive outcome wherever possible.
Easements & right of way disputes
An easement is created where someone grants another party the right to do something in relation to land that they own. Rights of way are one of the most common form of easement and can be created by written agreement or more informally. Disputes can often arise where a property is sold to a new owner who objects to the easement or where there is disagreement over whether an easement has been created.
We can provide an expert opinion on whether an easement exists and help to negotiate a positive solution to easement and right of way disputes. Where court proceedings are needed, we can make sure your position is strongly represented, with all of the necessary evidence.
Right to light disputes
Where a property has enjoyed uninterrupted light through an opening such as a window for over twenty years, then there is deemed to be a legal ‘right to light’. If this right is infringed upon, e.g. by an extension to a neighbouring property, then there can be grounds for a legal claim.
Our property disputes lawyers can assist with both bringing and defending right to light claims, with a good track record of finding amicable outcomes for these sometimes highly contentious cases.
Possession proceedings & lease forfeiture
Where a landlord wishes to reclaim vacant possession of a property they own, this can cause significant conflict with their tenants. Both parties should seek expert legal advice to make sure they understand their position and options.
Our team acts for both landlords and tenants, making sure the proper processes are followed and that our clients’ interests are protected.
Adverse possession, trespass and removal of squatters
Where someone is trespassing or squatting on a piece of land or in a property, it is highly likely that this will bring them into conflict with the owner sooner or later. In such cases, the question of adverse possession or ‘squatters’ rights’ will often arise.
Our property litigation solicitors can provide expert advice in dealing with trespass and possession issues, helping to protect your rights.
Defects in the registered title of a property are all too common and can cause substantial problems for the owners if they are not rectified.
We can advise on any issues with your property title and assist with the process of rectifying or altering the title, making sure it reflects the true situation.
Nuisance neighbours can have a massive impact on your enjoyment of your home or other property, so this is an issue that needs to be dealt with swiftly and effectively.
Our property dispute resolution experts can assist you in dealing with nuisance neighbours, amicably where possible, but more robustly where required.
Service charge disputes
Service charges for leasehold property are a very common cause of disputes. Leaseholders often feel that these costs are excessive and/or that they are not receiving true value for the fees charged.
We will be happy to advise on your options for dealing with a service charge dispute, including looking at options such as lease enfranchisement and taking over the management of your building where appropriate.
How we resolve property disputes in the right way for you
We always tailor our approach to what is in the best interests of our clients, taking into account the outcome they want to achieve and any particular concerns they have.
Options we can assist with include:
- Clear advice on your legal position and options – so you know exactly where you stand and what next steps you can take.
- Letters before action – seeking an early resolution by setting out your position, the outcome you are seeking and the date by which you require a response.
- Alternative Dispute Resolution – including methods such as mediation and negotiation, which can allow many property disputes to be resolved quickly, amicably and with minimal expense.
- Court litigation – where court proceedings are the best option, we can ensure you have a well-prepared case and robust representation to protect your interests.
Find out more about our approach on our main dispute resolution page.
Our property dispute resolution fees
Hourly rates for property dispute resolution
For more complex matters where ongoing support is required, we will charge an agreed hourly rate based on the level of expertise required.
For more information about our property disputes services in Chelmsford and Colchester
To find out more about what we can offer you, please feel free to get in touch.