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Property

Property and Land Disputes Solicitors

Property and land disputes can be hugely emotive whichever side of the fence you find yourself and no matter how large or small the dispute.

In the event that you are involved with a property or land dispute, our Dispute Resolution Solicitors can expertly advise you on your options, providing you with a timely and cost effective solution which may prevent the issue from escalating to Court proceedings and a trial.  We have years of experience in advising on a variety or property disputes and land disputes, including but not limited to:

  • Adverse possession
  • Boundary disputes
  • Building disputes
  • Restrictive covenants disputes
  • Rights of way an access disputes

Our methods involve taking the burden from your shoulders, presenting you with the options to make the right decision about an approach to avoid litigation if possible, such as mediation or arbitration.  

Adverse possession

It is possible to be misguided as to where your property boundary lies and it can be years before this is discovered.  If it transpires that the land you have been using and maintaining as your own is not actually registered in your name, you may be able to apply to the Land Registry for you to be the registered owner.  You would need strong supporting evidence that you have used the land for at least 10 years without the consent of the true owner, to their exclusion and you must have been in continuous factual possession.  

Alternatively, it may be that someone has been using your land and they have now applied to the Land Registry to be the registered owner; if so you will have opportunity to oppose the application where the land is registered. 

Our Land Dispute Solicitors can advise on the strengths and weaknesses of adverse possession claims and the likelihood of any application succeeding, before representing you to initiate possession claims or oppose one if that is the appropriate course of action.  If an application is disputed the matter will proceed to the First Tier Property Chamber for determination.

Boundary disputes

Nobody wants to be on bad terms with their neighbours but unfortunately it seems boundary disputes are occurring with greater frequency in recent years.  It is always best to resolve a boundary issue swiftly to avoid lengthy and costly Court proceedings and our Land Dispute Lawyers are years of experience in resolving issues relating to the following examples:

  • Repositioning of a fence or wall
  • Removal or planting of a hedge
  • Boundary maintenance disagreements

Our Land Dispute Lawyers can advise and assist on appropriate resolutions such as mediation or arbitration and, where settlement cannot be agreed, lead you through the Court process.

Building disputes

Any building project, no matter the size, can be stressful to deal with.  Whether it is the building of a porch, construction of a conservatory, replacement windows to a side extension or a complete refurbishment of your property, there are always plenty of things that could go awry, for example:

  • The costs could increase without prior agreement
  • Work may not be completed on time
  • The quality of work or materials is not up to standard
  • Your neighbour is concerned about the proximity of your new extension or vice versa. 

Our Property Dispute Solicitors can advise and assist you on how best to resolve the issues swiftly, maintaining working relationships and those with your neighbours wherever possible.

Restrictive covenants disputes

Property restrictive covenants are specific clauses usually contained within the Title Deeds or a lease which prevents the owner of property or land from doing certain things, from the use of the property, parking rights or how the property is decorated.  If your title deeds impose a restriction on you and you are not complying with it, the person with the benefit of the restriction will be able to take Court action against you to enforce the restriction.  Alternatively, you may be the one with the benefit of a restriction and you wish to know how to go about enforcing it.  Our Property Dispute Lawyers can advise in either circumstance and assist you in reaching a resolution.

Rights of way and access disputes

Disputes often arise between neighbours as to who has access or not to an element of the property or land in question.  There are certain ways a right of access may have been expressly granted, for example:

  • by way of an easement;
  • due to long use or necessity, known as a prescriptive easement, or
  • you may be able to rely on the law to allow you access in certain circumstances when you need access to your neighbour's land to maintain your own property. 

Whether your access is blocked, you wish to block a person’s access or the access way is not being sufficiently maintained, we can advise on what rights exist, how to enforce those rights or protect them.

Contact our Property and Land Disputes Solicitors

For any problems regarding a dispute over your property or land please contact a member of our Residential Property Dispute Solicitors from one of our offices in Andover, Romsey, Salisbury, Totton or Witney. Get in touch today using the Contact Form, email info@parkerbullen.com or call your local office: