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How to Dispute Land Ownership


Land ownership disputes can be extremely stressful, not to mention the large costs that are associated with them too.

Thankfully, when it comes to resolving land ownership disputes there are a number of different avenues you can take to reach your desired outcome, or one that benefits both parties.

What is a land ownership dispute?

A land ownership dispute is a disagreement over the ownership, possession and/or usage of a piece of land. Disputes can be residential, commercial or agricultural.  These disputes can include a number of different issues, such as:

What is a land title dispute?

A land title dispute is a disagreement between two or more parties regarding the legal ownership of a particular piece of land.

These disputes usually involve questions of who has the legal right to possess and use the land. 


The common causes of land title disputes


While land title disputes can be caused through a number of different reasons, there are some that crop up more frequently than others. 

The most common causes of land title disputes include:

  • Adverse Possession - This allows someone to gain ownership of a property without legal title if they have occupied it without the owners permission for a certain period of time.

  • Boundary Disputes - A disagreement between parties over the ownership or control of land.

  • Restrictive Covenants - A legally binding agreement between two land owners that limits what can be done by one party to the piece of land.

  • Easements - The right to use another party’s land for a specific reason.

  • Rights of Way - A type of easement that allows someone to cross land to access another property.

  • Nuisance - The unreasonable interference with a person's ability to use or enjoy their land.

  • Trespassing - When someone stays or enters another person's land or property without permission.


Legal remedies available for land ownership disputes


There are a few legal remedies available for land ownership disputes, including:

  • Injunctive Relief - These are orders for the party encroaching on the land to stop their actions or remove any structures that have been built.

  • Damages - This is a type of monetary compensation for any harm or damage that has been caused to the land.

  • Arbitrations - Similar to mediation, arbitration aims to result in a mutual agreement but the final decision is legally binding.

  • Land Registry Dispute Resolution - This is another form of arbitration that creates the same binding outcome. 

If you think you need to use a legal remedy in order to resolve your land ownership dispute, we highly recommend you enlist the help of a specialist dispute resolution solicitor to help you to achieve your desired outcome. 

How long does it take to resolve a land ownership dispute?

Each land ownership dispute case will be slightly different, meaning there is no definite answer as to how long it will take to resolve the dispute. 

Depending on the complexity of the case and if it is taken to court, it can take anywhere from a few weeks or months to over a year. 

Can land ownership disputes be resolved without court?

Yes, thankfully, land ownership dispute claims can be resolved without going to court. This can help reduce the amount of time and money you spend overall trying to resolve the issue. 

Resolving these disputes without the use of court can include methods such as:

  • Open and honest communication - Being open to a constructive conversation with your neighbour in order to express your understanding of the land ownership and boundary lines is one of the best places to start.

  • Gather evidence - Gathering relevant and factual evidence is another great place to start and can be used when discussing and resolving the dispute outside of court. Evidence can include title deeds, ordnance surveys and photographs of any physical features and other extrinsic evidence.

  • Mediation - Mediation uses a neutral third party, like a mediator or a solicitor, who can help both parties reach a compromise. Unlike arbitration, it is non-binding. This means any agreement that is made is voluntary.

  • Alternative Dispute Resolution (ADR) - This is a process for settling disputes between parties without going to court. It is usually much more cost-effective than settling a dispute in court.



How a solicitor helps to resolve land ownership disputes

A solicitor can help to resolve land ownership disputes by providing specialist legal advice, negotiating with the other party and representing their client in court if necessary. 

At AFG Law, we always work in the best interest of our client and will conduct research to determine the validity of the dispute, as well as identifying any potential issues that may arise. 

If you would like to start a land ownership dispute, or another party is raising one against you, get in touch with our team today to see how we can help achieve the best possible outcome.