Property Dispute Solicitors - Make a Claim

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Dealing with any form of disagreement can be highly stressful, but when it involves your neighbours and your living situation, the distress can be even greater. Property disputes consist of conflicts that arise between you and other parties regarding your residential property or commercial property.

These conflicts can stem from various issues, such as disputes over property ownership and boundaries, disturbances caused by noisy neighbours, or disagreements with local authorities following the rejection of a planning application.

Property dispute solicitors are legal professionals who specialise in handling disputes related to real estate and property ownership. They possess a deep understanding of the complexities of property law, regulations, and relevant case precedents.

Our panel of expert property dispute solicitors understand that disputes, particularly those involving your home or property, can be intensely personal. They understand that those involved will want to keep their costs to a minimum and resolve the dispute as soon as possible.

Property disputes that lead to property dispute claims

Property disputes can arise for various reasons, and when they cannot be resolved amicably between the parties involved, they may lead to property dispute claims. Here are some common types of property disputes that can result in such claims:

 

  1. Boundary disputes: These disputes occur when there is a disagreement between neighbouring property owners regarding the exact location of their property boundaries. Disputes may arise due to conflicting surveys, unclear deed descriptions, restrictive covenants, or encroachments by one party onto the other’s property.
  2. Easement disputes: Easements grant a person or entity the right to use or access a specific portion of another person’s property. Disputes can occur when there is disagreement over the scope, extent, or existence of an easement, or if one party feels their rights under the easement are being violated.
  3. Title disputes: Title disputes arise when there is a conflicting claim to the ownership of a property. This can occur due to errors or inconsistencies in the chain of title, fraudulent transfers, or encumbrances on the property.
  4. Landlord-tenant disputes: These disputes typically arise between property owners (landlords) and tenants over issues such as lease violations, non-payment of rent, property damage, eviction proceedings, or property management.
  5. Construction disputes: Disagreements between property owners and contractors or builders can occur due to issues such as construction defects, breach of contract, delays, cost overruns, or disputes over change orders.
  6. Nuisance disputes: Nuisance disputes arise when a property owner engages in activities that significantly interfere with the use and enjoyment of another person’s property. Common examples include excessive noise, pollution, odours, or other activities that create a substantial disturbance or harm to the neighbouring property.
  7. Party wall disputes – Party wall disputes typically arise between neighbours who share a common boundary, particularly when there is a wall or structure that is jointly owned or used by both parties. These disputes commonly involve issues related to the Party Wall Act, which is a legislation that governs the rights and responsibilities of property owners in relation to party walls.

Resolving property disputes

There are various methods of dispute resolution that can be effective when resolving property disputes. Some of the most common methods of dispute resolution used for property disputes includes the following:

  1. Mediation: Mediation involves a neutral third party, the mediator, who helps the disputing parties reach a mutually acceptable resolution. The mediator facilitates communication, assists in identifying common interests, and explores potential solutions. Mediation allows the parties to maintain control over the outcome and can be less time-consuming and costly than litigation.
  2. Arbitration: Arbitration is a more formal process where a neutral arbitrator or panel of arbitrators is appointed to hear the dispute. The arbitrator(s) evaluate the evidence presented by both parties and make a binding decision, similar to a court judgment. Arbitration can be less formal and more flexible than litigation, with a quicker resolution timeline.
  3. Expert determination: In expert determination, an independent expert with relevant knowledge and expertise in the specific area of dispute is appointed to assess the issue and provide a binding decision. This method is commonly used in property disputes involving technical or specialised matters, such as valuation disputes or construction defects.
  4. Negotiation: Negotiation is an informal process where the parties involved engage in direct discussions or through their legal representatives to reach a mutually acceptable agreement. Negotiation can be conducted at any stage of a property dispute, and the parties have control over the process and outcome.
  5. Litigation – If a property dispute cannot be resolved through alternative dispute resolution methods, it can then be put through court proceedings. Commercial litigation can be more expensive and time-consuming than alternative dispute resolution methods, however in some cases it is necessary.

It is essential to note that the availability and suitability of these methods may vary depending on, the nature of the dispute and the agreement of the parties involved. It is advisable to consult with a property dispute solicitor or an ADR specialist to determine the most appropriate method for resolving your specific property dispute.

What is the role of a property dispute solicitor?

Property dispute solicitors provide expert legal advice to their clients regarding their rights and obligations in property-related matters. They analyse all aspects of property law, review relevant documents, and offer guidance on the best course of action.

If the dispute cannot be resolved through negotiation or alternative methods, property dispute solicitors represent their clients in court proceedings. They prepare legal documents, present arguments, cross-examine witnesses, and advocate for their clients’ interests before the court.

Solicitors assist clients in drafting and reviewing legal documents related to property disputes, such as contracts, leases, agreements, and settlement proposals. They ensure that these documents accurately reflect their clients’ interests and protect their rights.

Property dispute solicitors stay updated with property laws, regulations, and precedents relevant to their clients’ cases. They conduct legal research to build a strong legal argument and provide informed advice.

In complex property disputes, solicitors may work closely with other professionals, such as surveyors, expert witnesses, or barristers, to strengthen their clients’ cases and obtain specialised expertise when necessary.

The role of a property dispute solicitor is to guide their clients through the legal complexities of property disputes, protect their clients’ rights and interests, and strive to achieve a favourable resolution or outcome.

Why choose Expert Commercial Law’s panel of property dispute solicitors?

Our team take the stress out of finding you a solicitor to assist on your property dispute case. We have assisted many individuals in finding the right property litigation team for their case, providing cost effective solutions to commercial litigation.

We only connect you with the best solicitors

All of the solicitors on our panel have the experience and expertise required to take on your case. Each solicitor is vetted before being allowed onto our panel and we only select the best in the business. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA) and offer a range of funding options for your case.

We are not a firm of solicitors; however, we have a panel of commercial law solicitors who are authorised and regulated by the Solicitors Regulation Authority. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm.

Our panel of property dispute solicitors and dispute resolution teams assist on a wide range of disputes, including property disputes, and have track records in succeeding on dispute cases.

Get in touch today to speak to a commercial law solicitor from our panel.

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Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm. 

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