Property Disputes

Property disputes can arise between landlords and tenants, neighbour's, co-owners, or other parties with an interest in a property. Resolving such disputes often requires legal intervention and adherence to specific procedures. Here are common types of property disputes and the general steps involved in addressing them:

1. Boundary Disputes:

   • Common Issues: Confusion over property boundaries, encroachments, or disagreements about the location of fences and walls.

   • Resolution: Disputing parties may seek assistance from a surveyor to determine accurate boundaries. Legal action may be necessary if an agreement cannot be reached.

2. Landlord-Tenant Disputes:

   • Common Issues: Rent arrears, maintenance issues, disputes over deposits, or disagreements about the terms of the tenancy agreement.

   • Resolution: Parties may attempt mediation or alternative dispute resolution (ADR) before taking legal action. If necessary, either party can apply to the county court for resolution.

3. Co-Ownership Disputes:

   • Common Issues: Disagreements over the use, sale, or management of a jointly-owned property.

   • Resolution: Parties may seek legal advice to explore options such as a court order for sale, partition, or negotiation to resolve conflicts.

4. Nuisance and Anti-Social Behaviour:

   • Common Issues: Noise complaints, disputes over tree branches, or other activities causing annoyance or interference.

   • Resolution: Communication between parties is encouraged, and if unresolved, individuals may seek assistance from the local council or take legal action through the courts.

5. Easements and Rights of Way:

   • Common Issues: Disagreements over the use of pathways, driveways, or access rights across a property.

   • Resolution: Seeking clarification through legal advice or, if necessary, pursuing a court order to establish or restrict easements.

6. Adverse Possession Claims:

   • Common Issues: Disputes arising from someone occupying and using land without the owner's permission, potentially leading to claims of adverse possession.

   • Resolution: Legal proceedings may be initiated to either dispute or establish adverse possession rights.

7. Leasehold Disputes:

   • Common Issues: Disputes between leaseholders and freeholders, service charge disagreements, or disputes over lease terms.

   • Resolution: Leaseholders can seek assistance from leasehold valuation tribunals, while freeholders may involve the county court or other dispute resolution mechanisms.

8. Party Wall Disputes:

   • Common Issues: Disputes arising when one party intends to carry out construction work affecting a shared wall.

   • Resolution: The Party Wall etc. Act 1996 provides a framework for resolving disputes through surveyors or an agreed surveyor.

When facing a property dispute, individuals are encouraged to seek legal advice promptly. Depending on the nature of the dispute, alternative dispute resolution methods, such as mediation or negotiation, may be explored before resorting to formal legal proceedings. It's crucial to understand the specific laws and regulations applicable to the type of dispute and to consult with legal professionals for guidance tailored to the individual case