Residential Property Disputes

Residential property disputes can involve your home, an investment property or a valuable property interest. The right strategy often depends not only on the legal position but on the value of the property, the relationship between the parties and what you ultimately want to achieve.

Our specialist solicitors advise homeowners, property owners, landlords, leaseholders and freeholders on residential property disputes across England and Wales.

We have substantial property litigation experience, supported by one of the largest and most experienced property law teams in the country. This wider property expertise can be particularly valuable where a dispute involves title documents, leases, previous transactions, ownership arrangements or the history of a property.

Residential property disputes we deal with

We advise on a broad range of residential property disputes. Our principal services include:

• Building disputes

• Property ownership and TOLATA disputes - Disagreements can arise about who owns a property, the shares in which it is owned or whether it should be sold. These claims commonly involve unmarried couples, family members and other joint owners. See our recent case study on a co-ownership dispute we acted on.

• Landlord and Tenant disputes - We act for leaseholders, freeholders and others involved in disputes arising from long residential leases.These can include alleged breaches of lease, alterations, repair obligations, use of property, enforcement of lease covenants and disagreements about the rights and obligations contained in the lease.

• Service charges and major works

• Boundaries and rights of way

• Restrictive covenant disputes - Restrictions affecting residential land can prevent or limit extensions, development or particular uses of a property.We advise property owners seeking to understand, challenge or modify restrictive covenants and those seeking to enforce them.

• Adverse possession - We advise people seeking to establish ownership of land through adverse possession as well as registered owners opposing claims affecting their property.

• Residential possession claims - We advise residential landlords seeking possession of property and tenants facing possession proceedings. Possession cases are highly procedural and the appropriate approach depends on the tenancy, the grounds relied upon and the circumstances of the case.

Locations

We offer a nationwide service with over 15 offices in England & Wales. We have a particularly striong presence of specialist and experienced lawyers in London, with more than 5 offices, and excellent coverage for surrounding counties including Surrey, Kent, Essex and Hertfordshire.

How we can help

The likely cost, risk and disruption of litigation also need to be weighed against what is at stake. We will advise you on the legal merits of your position, but also on the practical options for resolving the dispute.

Our property disputes solicitors can:

• assess your legal position and the strength of a potential claim or defence;

• identify the evidence likely to matter;

• advise on immediate steps needed to protect your position;

• communicate and negotiate with the other party or their solicitors and advise on settlement proposals and mediation;

• represent you in court, tribunal or Land Registry proceedings where necessary.

We act for both claimants and defendants. Court or tribunal proceedings are sometimes necessary, but many residential property disputes are resolved through correspondence, negotiation or mediation.

If you are involved in a residential property dispute, contact our experienced and specialist team.