Dispute Resolution

Specialist advice on property disputes

Property Litigation covers any dispute where the subject of the dispute is, or relates to, property. It is a wide ranging, specialist area under which, we cover a broad range of work. This includes all aspects of property as well as commercial and rural/agricultural property dispute resolution.
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If you require trusted advice from one of our experts please get in touch, a member of our team will be happy to talk.

Whatever the nature of your property dispute, our specialist property team is here to make the process as stress-free as possible for you.

Our team of experts can provide advice for landowners, property and homeowners and commercial landlords and tenants.

Some examples of the type of work our team can assist you with are:

  • Claims relating to easements and prescriptive rights (e.g. Rights of Way etc.)
  • Evictions
  • Leaseholder and Property Management Disputes
  • Advising in relation to covenants affecting land
  • Claims for adverse possession
  • Trespass and nuisance claims (including squatters)
  • Boundary and party wall disputes
  • Co-ownership disputes
  • Claims relating to mortgages, charges and charging orders, including possession claims/claims for orders for sale
  • Enforcement of lease obligations
  • Disputes relating to rural/agricultural property
  • Rent recovery (including court and tribunal proceedings, and insolvency proceedings)
  • Service charge disputes, challenges and consultations

Our specialist property team works closely with our professional negligence team. They regularly assist with claims arising out of surveyors’ and solicitors’ negligence in relation to the property. They also work with our insolvency team to assist with disputes arising out of personal and corporate insolvency proceedings.

Dilapidation

Our team can also offer their advice on dilapidation. Dilapidation is the compensation paid by the Tenant(s) to the Landlord at the end of a lease. This compensation is payable if they do not return the property in the condition set out in their lease.

The Landlord cannot expect a property to be returned to them in a ‘new’ condition, therefore, the only conditions the Tenant(s) must meet are the ones specified in the lease. Disputes between Landlords and Tenants often arise as a result. Our experienced team can assist you should a dispute arise.

Trespassing/Squatting

If you are looking for guidance on trespassing and nuisance, our team will be able to advise you. They have experience dealing with matters surrounding squatters.

Squatting in a residential property is a criminal offence when the following applies:

  • The squatter has entered the property without the owner’s permission (trespassing).
  • The squatter must have known that they were trespassing.
  • They must live, or intend to live, in the property for any period of time.

The offence does not apply to legitimate tenants who fall behind on payments or refuse to leave at the end of their tenancy agreement. This applies even if they leave and then re-enter the property.

Our property lawyers can guide you through the process. The first step to evicting a squatter is to apply for a Court Order. If the trespasser disputes the owner’s entitlement to recover possession of the property, a hearing will take place in front of a Judge. We will be able to advise you on how best to proceed and support you should the matter go before a Judge.

If you would like further advice on property litigation, please get in touch.



Taylor Rose TTKW Solicitor Services in Commercial, Employment, Property and Family Law.

Trust of Land Advice

Our team are also able to provide Trust of Land advice. There are different types of trusts which our team can advise you further on:

  • Express Trusts - are where the legal owner(s) of the property declare that they hold the property on trust for specified beneficiaries. The declaration will also set out the proportions, or ways, in which they are to hold beneficial interest.
     
  • Implied Trusts - are trusts which have not been expressly defined as being a trust in any legal documentation. There are two types of implied trusts:
     
    • Constructive Trust – is an agreement, understanding or promise between 2 parties. There may also be an express agreement or there may not. However, in either situation the Court will look at all the evidence when determining the share of each party.
    • Resulting Trust – is when party B, (the person who believe they have a right to a share in the property), has made a direct financial contribution to the purchase of the property. The property however would solely be in party A’s name (the person who has the sole legal title to the property).

The Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) gives the Courts certain powers to resolve disputes about the ownership of land. There are two main types of applications that you can make under the ToLATA:

  1. to decide who is entitled to occupy
  2. to decide the nature and the extent of the ownership.

If you are planning to make an application, you should consider resolving the dispute with ‘Alternative Dispute Resolution’ (ADR) before court proceedings. The two most frequently used methods are mediation and negotiation. Even though ADR is not compulsory, it is heavily encouraged. If court proceedings are issued, the Judge will most likely be interest to see if ADR was tried first.

If you would like further advice on property litigation, please get in touch.


CONTACT US
DO YOU NEED ADVICE?
If you need advice on any property related dispute, please contact us where a member of the team will be happy to discuss your needs.
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