Property disputes

Property disputes rarely resolve on their own. Delaying advice often makes a dispute more difficult and expensive to resolve, positions harden, evidence can be lost or forgotten and in some cases a delay can affect your ability to sell the property or enforce your rights later. Getting advice early, even before taking formal action, gives you more options than waiting until the situation has escalated.

If you jointly own a property and your co-owner won’t agree to a sale, you may be able to apply to the court to force a sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Before reaching that stage, we’ll usually explore whether the dispute can be resolved through negotiation, since a court application should be a last resort rather than a first step.

If a neighbour has built on your land, whether that’s a fence, wall, extension or other structure, you have several options depending on how the boundary was established and what evidence exists (title plans, historic surveys or long-standing physical features). These range from a straightforward negotiated resolution to a formal boundary dispute claim if agreement can’t be reached.

If a tenant remains in the property after a valid notice period has expired, you’ll usually need to apply to the court for a possession order rather than removing them yourself, which is unlawful regardless of the circumstances. We can advise on the correct notice and process for your tenancy type and represent you if court action becomes necessary.

Our approach to property disputes can differ based on the level of dispute. For an accurate quote, get in touch with our team for a no-strings-attached meeting.

Timescales vary depending on how willing the other side is to negotiate. A dispute resolved through mediation or negotiation can often conclude within a matter of weeks. If court proceedings become necessary, it typically takes several months to resolve.

A boundary dispute is a disagreement over where the legal boundary between two properties actually lies. Adverse possession is a claim to ownership of land based on long, uninterrupted use of it, regardless of who legally owns it on paper. In practice, a boundary disagreement can sometimes lead to an adverse possession claim if one party has treated the disputed land as their own for many years.

A wayleave agreement is permission granted to a utility company to install, access or maintain equipment such as cables, pipes or pylons on your land. It’s usually a personal agreement rather than a permanent right attached to the property, which distinguishes it from an easement.

Usually not. A right to light claim only applies to light passing through a specific window into a building, and only once that light has been enjoyed for 20 years or more. It doesn’t cover loss of light or view over open garden space, being overlooked or light blocked by a hedge or tree. Those situations are usually dealt with under different rules, such as the High Hedges Act 2003. If a new building is blocking light to a window that’s had a long-established light supply, that may be a genuine right to light matter worth discussing.