Property Law

Contentious property law

We specialise in contentious property law, meaning we do not get involved in the day-to-day sale and purchases of land and property. We specialise in cases where something goes wrong and provide specialist advice and representation to ensure you get the right outcome in the most cost efficient way. The most common land and property disputes we take instructions on are - 

Accessway Disputes

It is common for properties to have a right of access across land belonging to neighbouring properties. Most commonly, this is seen in cases of a shared driverway or where a right of way exists across the land. Disputes often arise when a property owner prevents, intentionally or unintentionally, the person with the right of way across their land. 

As in many types of disputes surrounding land, it is important to get independent legal advice as soon as possible. In certain situations, not acting immediately, can lead to the loss of the right. 

Adverse Possession

Adverse possession, which is also sometimes known as "squatting", is the unlawful occupation of land without the permission of the landowner. In certain circumstances, adverse possession can lead to the legal ownership of the land passing to the squatter or person occupying the land. 

It is important to seek early advice if you find yourself in this situation, as not acting at the time, can seriously impact your case in certain situation. 

Boundary Disputes

One of the most common types of property law cases we see are boundary disputes. Often started when one neighbour, under a mistaken belief they are entitled to, erects a fence in the wrong place or builds on land which does not belong to them. This is often done under the mistaken belief the land they are using belongs to them. 

Boundary disputes are known for being expensive, particularly if the case proceeds to a court or tribunal. We strongly recommend seeking early legal advice and representation so the issue can be resolved quickly and cheaply, before full legal proceedings are required. We can write to your neighbour, in a non-adversarial but forceful way advising them of their error and asking them to remedy the error to avoid legal proceedings becoming required. When dealing with neighbours, it is always worth remembering that after the legal proceedings are over, you still have to live next to them and, therefore, a tactful approach is often best. 

Encroachment

Closely linked and often overlapping with boundary disputes is encroachment. Encroachment occurs when any person, without the consent of the land owner, occupies or constructs a structure over the land of another person. 

Again, legal advice at an early stage is strongly recommended. It is significantly more difficult to remove a structure once it has been built and, much more likely to be resolved amicably if it is dealt with as soon as possible. 

TOLATA

TOLATA is the commonly referred to name for claims arising from the Trust of Land and Appointment of Trustees Act 1996. They normally arise following the breakdown of the relationship between a cohabitating couple. TOLATA claims enable the courts to make decisions in relation to property owned by unmarried couples and how the property is to be split, whether it should be sold, who is to live in the property etc. 

We always aim to reach a resolution as wuickly as possible in such situations. Cases can be complicated and sometimes can be akin to divorce proceedings. Taking advice from a specialist will enable you to get the best possible outcome for your case.