A dispute over a property title can be one of the most stressful and complex issues in property law. Whether the disagreement concerns legal ownership, boundaries, adverse possession, or competing claims, the consequences can be significant—both financially and emotionally. In some cases, property title disputes may even delay or prevent the sale or development of land.
At Blackstone Solicitors, we advise clients across England and Wales on how to manage and resolve property title disputes efficiently and effectively. This article explores the causes of title disputes, how they arise, and what legal steps can be taken to resolve them.
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What Is a Property Title?
The “title” to a property is the legal right to own, use, and dispose of land or buildings. In England and Wales, most property titles are registered at HM Land Registry. The title register provides details about:
- The legal owner(s) of the property
- Any mortgages or charges on the land
- Rights benefiting or burdening the land (e.g., easements or covenants)
- Boundaries and plan references
Despite the clarity intended by registration, disputes can still arise due to errors, omissions, historical arrangements, or competing claims.
Common Types of Property Title Disputes
Several scenarios can give rise to a dispute over property title. The most common include:
These arise when two parties disagree over where the legal boundary between their properties lies. Often the boundary is unclear from Land Registry plans or historic documents.
- Disputes Over Ownership
Sometimes multiple individuals claim to be the rightful owner of a property. This can happen due to errors in registration, fraudulent transfers, or informal agreements not reflected in title records.
- Adverse Possession Claims
Adverse possession (or “squatters’ rights”) arises when someone occupies land without permission for a continuous period and seeks to claim legal ownership.
- Unregistered Land Disputes
Where land is unregistered, proving title depends on deeds and historical documents, which may be incomplete, lost, or ambiguous.
- Fraudulent Registrations
In rare but serious cases, fraudsters may seek to transfer or register property unlawfully, often targeting vacant or mortgage-free properties.
- Restrictive Covenants and Easements
Conflicts may arise over rights of way, rights of access, or enforceability of restrictive covenants that affect how the property is used.
Step-by-Step Guide to Handling a Property Title Dispute
Step 1: Understand the Nature of the Dispute
The first step in resolving a title dispute is to understand exactly what is being contested. Is it a disagreement over legal ownership, the physical boundary, or rights associated with the land?
At Blackstone Solicitors, we begin by carrying out a thorough review of:
- The Land Registry title documents
- Any unregistered deeds or conveyances
- Historic agreements or correspondence
- Aerial photographs, plans, or maps
- Surveyor’s reports (if boundaries are in question)
Identifying the precise legal issue helps determine the best approach to resolution.
Step 2: Seek Early Legal Advice
Title disputes are rarely straightforward, and early legal advice can save time, money, and unnecessary conflict. We can assess whether the other party has a valid legal claim and advise on your chances of success.
Seeking early advice also helps prevent potentially irreversible steps—such as altering land, selling the property, or making statements that could harm your position.
Step 3: Engage in Negotiation or Mediation
Many property title disputes can be resolved amicably through negotiation. If both parties are open to discussion, it may be possible to reach a practical compromise without the need for litigation.
In more entrenched disputes, professional mediation can be highly effective. A trained mediator facilitates dialogue between the parties, helping them reach a mutually acceptable solution.
Resolving the matter informally avoids the costs and delays associated with court proceedings and may help preserve neighbourly or business relationships.
Step 4: Instruct a Specialist Surveyor (for Boundary Disputes)
Where a boundary is in question, a specialist RICS-accredited surveyor can be appointed to assess the land and produce a detailed report. Their findings, including GPS measurements, aerial mapping, and references to physical features, can be invaluable in resolving boundary disputes.
Surveyors may also offer expert evidence if the dispute proceeds to the Land Registry or court.
Step 5: Make an Application to HM Land Registry (Where Appropriate)
For registered land, certain disputes can be addressed through HM Land Registry procedures. For example:
- An objection to a new registration or amendment
- A claim for adverse possession
- An application to alter the register to correct a mistake or remove a fraudulent entry
- A boundary determination
If the parties cannot agree, the dispute may be referred by the Land Registry to the First-tier Tribunal (Property Chamber) for a binding decision.
Step 6: Litigation Through the Courts or Tribunal
If negotiation or Land Registry procedures do not resolve the issue, formal litigation may be necessary. This could involve:
- An application to the First-tier Tribunal (for registration or boundary matters)
- Issuing proceedings in the County Court or High Court (for claims involving ownership, fraud, or complex title issues)
The court has powers to:
- Declare legal ownership of property
- Order rectification of the title register
- Grant injunctions to prevent unauthorised interference with land
- Award damages for trespass or loss
Our experienced property litigation team represents clients through every stage of the dispute, from initial letters before action to hearings and enforcement.
Special Considerations in Title Disputes
Adverse Possession Claims
If someone claims ownership by adverse possession, their success depends on whether they meet the statutory requirements. For registered land, this generally involves 10 years of exclusive, uninterrupted occupation and an application to HM Land Registry.
The legal owner will be notified and can object. If they do not act within the time allowed, the squatter may be registered as the new owner.
Fraud and Rectification
If a title dispute involves fraudulent transfer or registration, immediate action is required. We can apply to the Land Registry for rectification, including removal of the fraudulent title, and may also involve criminal proceedings or a civil claim for damages.
How Long Do Title Disputes Take to Resolve?
The timeframe for resolving a title dispute varies widely. Simple issues may be settled through correspondence in a matter of weeks. More complex cases involving tribunal hearings or court proceedings may take several months or longer.
Much depends on:
- The availability of evidence
- The parties’ willingness to negotiate
- Whether the matter goes to court or tribunal
- The involvement of third parties (e.g., surveyors, expert witnesses)
At Blackstone Solicitors, we always aim to resolve disputes as efficiently and cost-effectively as possible while safeguarding your legal position.
Preventing Future Title Disputes
While not all title disputes can be avoided, steps can be taken to minimise the risk:
- Ensure any property purchase includes a thorough investigation of title
- Use professional legal services when drafting or reviewing documents
- Register any informal rights (e.g., easements or licences) formally at the Land Registry
- Update the Land Registry if changes are made (e.g., new boundaries or ownership arrangements)
- Deal with any title irregularities promptly to avoid complications in the future
We also advise property developers and investors on due diligence to identify and resolve title issues before acquisition.
Why Choose Blackstone Solicitors?
Blackstone Solicitors provides expert legal advice on property title disputes to clients across England and Wales. We combine technical knowledge of land law with practical strategies to resolve disputes swiftly and effectively.
Our services include:
- Reviewing and advising on title documentation
- Representing clients in Land Registry applications and objections
- Managing boundary and ownership disputes
- Advising on adverse possession and rectification of the register
- Litigating complex property disputes in court or tribunal
Whether you are a homeowner, landlord, developer, or investor, we are here to protect your property interests.
How we can help
We have a proven track record of helping clients deal with the legal aspects of Property Litigation. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of property litigation services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/commercial-litigation/
How to Contact Our Property Litigation Solicitors
It is important for you to be well informed about the issues and possible implications of Property litigation. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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