Property Related Disputes

A property dispute refers to any disagreement related to the ownership, use, or boundaries of land or property.

It can involve residential, commercial, or agricultural properties and may arise between landlords and tenants, neighbours, family members, or co-owners.

Common types of property disputes include boundary disputes, landlord-tenant disputes, rights of way disputes, ownership disputes, nuisance disputes, and commercial property disputes.

Property disputes can be resolved through negotiation, mediation, arbitration, or litigation.

Boundary disputes often involve reviewing property deeds, obtaining professional surveys, and seeking legal advice if informal resolutions fail.

Commercial property disputes may include issues like rent reviews, lease renewals, and breaches of lease terms, which can also be resolved through negotiation, arbitration, or court proceedings.

The Land Registry in England maintains the official record of land ownership, providing crucial information about property boundaries and ownership in disputes. However, it does not resolve disputes itself.

A surveyor can offer expert opinions on property boundaries, structural issues, and land use, and their reports can serve as essential evidence in resolving disputes, particularly in boundary or construction-related cases.

If involved in a boundary dispute, you should review your property deeds and any associated boundary plans, obtain a professional survey to determine the exact boundary, try to resolve the issue amicably with your neighbour, seek legal advice if the dispute cannot be resolved informally, and consider mediation before escalating the matter to court.

Forfeiture is the legal right of a landlord to terminate a commercial lease early if the tenant breaches specific terms, such as non-payment of rent. To enforce forfeiture, landlords must follow legal procedures, including serving proper notices and, in some cases, applying to the court for possession.

Tenants can apply for relief from forfeiture by filing an application with the court, remedying the breach, and demonstrating a willingness to comply with lease terms moving forward.

Adverse possession allows someone to claim ownership of land if they have occupied it without the owner’s permission for a certain period (usually 10 or 12 years).

If a property dispute involves adverse possession, it is crucial to seek legal advice to understand your rights and options.

Dilapidations refer to breaches of lease agreements concerning the maintenance and condition of a commercial property. Disputes arise when a landlord claims that a tenant has failed to maintain the property or make necessary repairs.

These disputes are often resolved through negotiation, expert assessments, and, if necessary, legal action to determine the compensation required to return the property to its original state.

Property disputes can be avoided by ensuring all agreements are in writing, maintaining clear communication with neighbours, tenants, and co-owners, regularly reviewing property deeds, clearly defining property boundaries, and seeking legal advice before making significant property decisions.

If a dispute arises, it is crucial to seek legal advice, gather relevant documents, and consider alternative dispute resolution methods before resorting to litigation.