Property Litigation Solicitors: Property Disputes

Property disputes can be stressful, disruptive and expensive if they are not dealt with effectively. Whether you are involved in a disagreement with a neighbour over a right of way, a dispute about the boundary of your land or a commercial disagreement concerning a lease, understanding your legal position at an early stage can make a significant difference.

Property litigation is not limited to disputes between landlords and tenants. It covers a wide range of disagreements concerning property, land, leases and the legal rights attached to them.

At AFG Law, our experienced Dispute Resolution and Property Litigation team advises individuals, businesses, landlords, tenants and property owners on property disputes involving both residential and commercial real estate. We aim to identify practical solutions wherever possible, while providing robust representation where court proceedings become necessary.

What is Property Litigation?

Property litigation is the area of law concerned with resolving disputes involving property, land and associated legal rights. These can range from disagreements between neighbouring homeowners to complex disputes involving commercial properties, leases or property development.

Property litigation and dispute resolution are closely connected, but litigation technically refers to resolving a dispute through court proceedings. Dispute resolution is broader and includes methods of reaching an agreement without going to court, such as negotiation and mediation.

Our property litigation solicitors will consider the circumstances of the dispute and advise on the most appropriate approach. Going to court is not always necessary, and resolving a disagreement through negotiation can sometimes save considerable time and cost.

What Do Property Litigation Solicitors Do?

Property litigation lawyers advise clients when a disagreement has arisen concerning property or land.

This differs from the transactional work carried out by property solicitors and conveyancers. For example, a conveyancer might deal with the legal work involved in buying or selling a property or preparing a commercial lease. A property litigator becomes involved when there is a dispute about someone’s rights or obligations.

Our solicitors can advise on the legal position, review title documents and leases, communicate with the other party and negotiate towards a resolution. Where agreement cannot be reached, we can advise on formal proceedings and represent your interests throughout the litigation process.

What Types of Property Disputes Can Arise?

Our Property Litigation team can advise on a wide range of residential and commercial disputes including:

• Rights of way and easement disputes.
• Boundary disputes.
• Landlord and tenant disputes.
• Commercial lease disputes.
• Dilapidations.
• Service charges.
• Rent reviews.
• Lease renewals.
• Property ownership and title disputes.
• Adverse possession.
• Property development disputes.

The appropriate approach will depend on the nature of the property, the rights involved and what the parties are trying to achieve.

Rights of Way Disputes

Rights of way are a common source of disagreement between property owners.

A right of way is a type of easement that can give someone a legal right to pass over land belonging to another person. For example, the owner of one property might have the right to use a driveway or private road belonging to a neighbouring property to access their home.

Disputes can arise over questions such as:

• Whether a right of way actually exists.
• The precise route of the right.
• Who is entitled to use it.
• Whether vehicles can use the route.
• Whether the right extends to visitors or customers.
• Whether the use has become excessive.
• Whether gates can be installed.
• Whether someone has obstructed the route.

The wording of the property title or historic deeds can be extremely important.

However, not every right of way will necessarily be expressly recorded in a modern Land Registry title. Rights can potentially arise in other ways, meaning the history and use of the land may also need to be investigated.

If somebody is preventing you from exercising a right of way, or you believe another person is using your land without having the necessary rights, obtaining advice early can help establish your legal position.

Easement Disputes

Rights of way are only one type of easement. An easement is a legal right benefiting one piece of land over another. Depending on the properties involved, easements can concern matters such as access, drainage, pipes, cables and other rights associated with the use of land.

Disputes may arise because the parties interpret an easement differently or because the way the land is being used has changed significantly since the right was originally granted. For example, a right originally used to access one property may become contentious if the land is subsequently developed and substantially more traffic begins using the route.

Our Property Litigation solicitors can review the relevant deeds and title documents and advise on the nature and extent of the rights involved.

Boundary Disputes

Boundary disputes between neighbours can become particularly difficult because the parties often continue living next to each other while the disagreement is ongoing. A dispute might begin when someone replaces a fence, builds an extension, erects a wall or discovers that the physical features on the ground do not appear to correspond with their understanding of the legal boundary.

One common misconception is that the Land Registry title plan always identifies the precise legal boundary. In many cases, registered title plans show only the general position of a boundary rather than establishing its exact line. Resolving a boundary dispute may therefore require consideration of title documents, historic conveyances, plans, physical features and other evidence.

Given how quickly neighbour disputes can escalate, early advice and proportionate negotiation can be particularly valuable.

Landlord and Tenant Disputes

Disagreements between landlords and tenants can arise in both residential and commercial property.

Issues can include unpaid rent, breaches of tenancy or lease obligations, repairs, possession and the condition or use of the property. Commercial landlord and tenant disputes can be particularly complex because the parties’ rights and responsibilities will often depend heavily on the wording of the lease.

Our litigation lawyers can review the relevant agreement, establish the parties’ contractual obligations and advise on the available options.

Commercial Lease Disputes

A commercial lease creates important obligations for both landlord and tenant, sometimes lasting many years. Disagreements may concern repairs, alterations, assignment, subletting, permitted use, rent or the interpretation of particular lease terms.

Our team can also advise on disputes involving rent reviews, where the landlord and tenant disagree about the revised rent or the operation of the rent review provisions.

Depending on the lease, a rent review disagreement may need to be referred to an independent expert or arbitrator rather than determined through ordinary court proceedings.

Identifying the correct procedure at an early stage can help avoid unnecessary costs.

Service Charge Disputes

Service charges can also cause disagreements, particularly where several occupiers contribute towards the maintenance or management of a building or estate. A tenant may question whether particular expenditure falls within the service charge provisions of the lease or whether the landlord has calculated the amount correctly.

The starting point in a commercial service charge dispute will usually be the lease itself. Our litigation solicitors can advise landlords and tenants on the interpretation of service charge provisions and assist where a disagreement develops over what is payable.

Dilapidations and Repair Disputes

Commercial leases frequently place extensive repairing obligations on tenants. At the end of a lease, the landlord may serve a schedule of dilapidations identifying repairs or reinstatement work it considers necessary and potentially seeking a financial payment.

Disputes can then arise over the extent of the tenant’s obligations, whether particular work is actually required and the amount being claimed. These matters can involve both legal and surveying issues, so property litigation lawyers will often work alongside specialist surveyors when addressing dilapidations claims.

Lease Renewals and Ending a Commercial Lease

Our Property Litigation team can also assist with disputes concerning lease renewals and the termination of commercial tenancies. Some business tenants have security of tenure under the Landlord and Tenant Act 1954, potentially giving them the right to request a new tenancy when their existing lease expires.

Disputes can arise where a landlord opposes renewal, where the parties disagree about the terms of the new lease or where there is uncertainty about whether statutory protection applies.

There are formal notices and deadlines associated with the lease renewal process, making it important for both landlords and tenants to obtain advice well before the existing lease comes to an end.

Property Ownership and Title Disputes

Property disputes can also concern who actually owns land or the extent of someone’s legal interest in it. Issues may arise from historic transfers, unclear deeds, mistakes in registered titles or competing claims to the same land.

These cases can require detailed investigation of Land Registry documents and older title records. Where a title issue is discovered, our solicitors can advise on the appropriate steps to establish or protect your position.

Adverse Possession Claims

Adverse possession concerns circumstances in which someone who has possessed land belonging to another person may seek to establish legal rights over it. The requirements and procedures differ depending on whether the land is registered or unregistered.

These cases are highly fact-specific and can involve questions about how long the land has been occupied, the nature of the possession and whether the registered owner has taken action.

We can advise both people seeking to make an adverse possession application and property owners responding to a claim involving their land.

Do Property Disputes Have to Go to Court?

Not always. Court proceedings are sometimes necessary, but they should not automatically be the first response to every property disagreement.

Depending on the circumstances, a dispute might be resolved through correspondence between solicitors, negotiation, mediation or another form of alternative dispute resolution.

This can be particularly beneficial in neighbour disputes or ongoing commercial relationships where the parties will continue dealing with each other after the immediate problem has been resolved.

Where an agreement cannot be reached, however, our property litigation team can advise on the appropriate proceedings and represent your interests through the court process.

Why Seek Advice Early?

Property disputes can become significantly more difficult once positions have hardened. Before taking action yourself, it can be helpful to establish exactly what your title, lease or other legal documentation says.

Early legal advice can help you understand the strength of your position, preserve relevant evidence and determine whether there is a realistic opportunity to resolve the dispute without litigation.

It can also help avoid actions that could inadvertently weaken your position or escalate the disagreement.

Property Litigation Solicitors in Bolton and Bury

At AFG Law, our experienced Property Litigation solicitors advise individuals and businesses across Bolton, Bury and the surrounding areas on a wide range of residential and commercial property disputes.

Whether you are dealing with a blocked right of way, a disagreement over a boundary, a commercial lease dispute, service charges, dilapidations or a disagreement between a landlord and tenant, we can help you understand your legal position and identify the most appropriate way forward.

Our focus is on achieving practical and proportionate solutions wherever possible. Where formal proceedings are required, our litigation lawyers can guide you through each stage and represent your interests.

If you are involved in a property dispute or are concerned that one is developing, contact AFG Law’s Property Litigation team to discuss how we can help.