Property is often one of the most valuable assets an individual or business can own. Whether it involves your home, a commercial unit, land, or a leasehold interest, disputes over property can become complex and emotionally charged. At Blackstone Solicitors, we provide expert legal advice and representation in a wide range of property litigation matters across England and Wales.
Property litigation encompasses any dispute relating to property ownership, rights, or obligations. Some issues arise due to misunderstandings, while others stem from breaches of legal duties or defective agreements. Understanding the most common property litigation issues can help you recognise potential problems early and seek appropriate legal advice to resolve them.
This article outlines the most frequent types of property disputes, the legal principles involved, and how these matters are typically addressed.
Free Initial Telephone Discussion
For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Property Litigation, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
- Boundary Disputes
One of the most frequent causes of property litigation is boundary disputes between neighbouring properties. These disputes arise when property owners disagree about the precise dividing line between their landholdings. The disagreement may concern fences, hedges, walls, or even the position of a driveway.
Boundary lines are not always clearly marked on title deeds or Land Registry plans, which can create uncertainty. Establishing the true boundary often requires historical documents, expert surveying evidence, and in some cases, judicial determination. The emotional aspect of such disputes can be significant, especially when long-standing neighbours become embroiled in legal action.
At Blackstone Solicitors, we act swiftly to help clients clarify their legal position and resolve such disputes through negotiation, mediation, or, where necessary, court proceedings.
- Rights of Way and Easement Disputes
An easement is a legal right to use another person’s land for a specific purpose, such as a path, road, or access to utilities. Disputes often arise over the existence, scope, or use of such rights. For instance, a property owner might block or restrict access to a shared driveway or dispute whether an easement has been acquired through long-term use (known as a prescriptive easement).
Determining whether an easement exists can involve reviewing legal documents, past usage, and case law. Resolving such disputes can be vital, especially when access to land or buildings is at stake.
- Landlord and Tenant Disputes
Conflicts between landlords and tenants are among the most common forms of property litigation. These disputes occur in both residential and commercial tenancies and can include:
- Rent arrears or non-payment
- Service charge disputes
- Disrepair and maintenance obligations
- Breach of lease terms
- Deposit disputes in residential tenancies
- Unlawful eviction or possession claims
- Lease renewal disagreements under the Landlord and Tenant Act 1954
Commercial tenancy disputes are particularly significant due to the financial implications for both landlord and tenant. These disputes often require careful negotiation or litigation, and strict compliance with statutory procedures is essential. Our solicitors provide specialist advice in both residential and commercial contexts.
- Leasehold Disputes
Leasehold properties involve additional legal complexities, particularly in blocks of flats or mixed-use developments. Disputes may relate to:
- Lease extensions or enfranchisement
- Ground rent disputes
- Breach of lease covenants
- Right to manage applications
- Mismanagement by freeholders or management companies
Leaseholders and freeholders both have legal obligations and rights. Where these are breached or contested, litigation may be necessary. We frequently advise clients on lease interpretation and enforcement, as well as statutory rights relating to leasehold reform.
- Co-Ownership and Beneficial Interest Claims
When two or more individuals jointly own property, disputes can arise over their respective shares or how the property should be used or disposed of. These situations often occur between unmarried couples, family members, or business partners.
Common issues include:
- Disagreements on selling the property
- One party claiming a greater share of ownership
- Contribution to purchase price or mortgage payments
- Claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
Resolving co-ownership disputes often requires a detailed examination of financial contributions, intentions at the time of purchase, and subsequent dealings. These cases can be sensitive, particularly where family relationships are involved.
- Adverse Possession Claims
Adverse possession, sometimes referred to as “squatters’ rights,” allows someone to claim legal ownership of land they have occupied without permission for a certain period. In England and Wales, the rules differ depending on whether the land is registered or unregistered.
To succeed in an adverse possession claim, the occupier must prove that they have:
- Possessed the land exclusively
- Done so without the legal owner’s consent
- Occupied the land continuously for at least ten or twelve years, depending on the circumstances
These claims can be controversial and often result in litigation when the rightful owner becomes aware of the unauthorised occupation. Legal advice is essential to assess the merits of a claim or to defend against one.
- Party Wall Disputes
Disputes concerning party walls commonly occur during building works on or near the boundary of two properties. The Party Wall etc. Act 1996 requires notice to be given to adjoining owners before certain types of construction are carried out.
Disputes may arise where:
- The correct procedure has not been followed
- Damage occurs to the neighbouring property
- There is disagreement over surveyor appointments or awards
Failure to comply with the Act can result in legal action and delays to building projects. At Blackstone Solicitors, we provide guidance on compliance and dispute resolution under the party wall regime.
- Development and Planning Disputes
Property development often gives rise to legal disputes, particularly where neighbouring landowners object to proposed works or where local planning authorities challenge development activity. Common issues include:
- Objections to planning permission
- Enforcement notices for unauthorised developments
- Breach of restrictive covenants
- Disputes over section 106 agreements
These disputes can be highly technical and time-sensitive. We work with developers, investors, and property owners to resolve planning and development issues efficiently and lawfully.
- Nuisance and Trespass Claims
Nuisance involves unlawful interference with a person’s use or enjoyment of land. This could include excessive noise, smoke, odours, or physical damage. Trespass, by contrast, involves entering or placing something on another person’s land without permission.
Legal remedies for nuisance and trespass include:
- Injunctions to stop the offending behaviour
- Damages for any loss suffered
- Orders for the removal of physical intrusions
Such claims are often necessary to protect the peaceful enjoyment of land and ensure that others respect legal boundaries.
- Title and Ownership Disputes
Sometimes, disputes arise over who legally owns a property or part of it. These disputes may result from fraud, mistaken boundaries, errors in title registration, or defective conveyancing. Resolving title disputes often involves land registry rectification or court proceedings to determine ownership.
At Blackstone Solicitors, we have successfully resolved complex title and ownership disputes for both individuals and businesses.
Conclusion
Property litigation covers a broad range of issues, each requiring tailored legal expertise. Whether you are dealing with a neighbour dispute, tenant disagreement, development objection, or co-ownership conflict, the impact can be significant — emotionally, financially, and practically.
At Blackstone Solicitors, we specialise in resolving property disputes across England and Wales. Our approach is strategic, client-focused, and results-driven. We aim to resolve matters efficiently, whether through negotiation, mediation, or litigation, and we are committed to protecting your rights and interests.
If you are facing a property dispute and need expert legal advice, contact our team today. We are here to help you navigate even the most challenging property issues with clarity and confidence.
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.
Comments are closed.
