Residential And Commercial Property Disputes

Britain is a nation of homeowners and the concept of ‘my house, my castle’ runs strong.

Therefore, it comes as no surprise that disputes over boundaries and party walls can quickly escalate.

In the commercial property sphere, where the stakes can run into the millions of pounds, disputes must be resolved quickly to ensure profits and rents are unaffected. Our Property Disputes Solicitors are highly experienced in every type of property-related disagreement and will provide you with the advice and representation you need to achieve your desired outcome.

We are a diverse, multi-lingual law firm that uses best-in-class technology to provide clients with streamlined, modern, and highly effective property dispute advice and representation.  Our many years of experience means we have a robust reputation for excellence with the UK’s best Barristers and Queen’s Counsel, Local Authorities, Industry Experts, Insolvency Professionals, Valuers, and Surveyors who will when needed, bring additional support to our Property Disputes Department.  Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.

Below are some common questions we are asked regarding residential and commercial property disputes.

For matters relating to commercial property disputes such as forfeiture, dilapidations, and break clauses, please visit our Commercial Property section.

Under the Party Wall Act 1996, a building owner has a duty to provide notice to all adjoining owners if they plan to undertake construction work unless they have obtained the adjoining owner’s prior written consent.

A Party Wall Agreement should be entered into that covers:

  • The scale and method of the proposed works,
  • A ‘Schedule of Condition’ which provides a record (including photographs) of the condition of the adjoining properties before work starts, and
  • What will be created by the works (including architectural drawings).

If an adjoining owner does not agree with the proposed works, parties can refer to the dispute resolution process is set out in the Party Wall Act 1996.

If your property has been damaged by the works, in most cases the property owner undertaking the works will need to compensate you for the repairs. However, if the work involved repairing an existing party wall or party fence wall that was in a state of disrepair, the owner carrying out the restoration will normally not be liable for any damage.

Party wall disputes can be highly complex. Therefore, if you cannot achieve a resolution by talking informally with your neighbour (which would normally be the first step) contact us as soon as possible. We will advise you on your rights and work to resolve the dispute whilst endeavouring to maintain good relations between all parties.

A private nuisance is simply a violation of another’s property rights. The Courts have divided private nuisance into three categories, namely:

  • Encroachment on a neighbour’s land.
  • Direct physical injury to a neighbour’s land.
  • Interference with a neighbour’s quiet enjoyment of their land.

The rule of Rylands v Fletcher, the famous case which sets out the law for private nuisance states:

“A person who, for his own purposes, brought on his land and collected and kept there anything likely to do mischief if it escaped, had to keep it in at his peril; and if he did not do so, he was prima facie answerable for all the damage which was the natural consequence of its escape.”

An example of a private nuisance is where a property owner allows Japanese Knotweed to escape onto an adjoining property.

For a claim to be brought, the nuisance must be

  • Substantial or unreasonable.
  • Arise from a single incident or a “state of affairs”.

The nuisance can derive from an act or omission.

A squatter is a person who enters a vacant property that they do not own with the intention of living there. It is a form of trespassing.

A squatter is a person who enters a vacant property that they do not own with the intention of living there. It is a form of trespassing.

Never remove a squatter by force – you could put yourself in danger and/or face criminal charges for assault and/or battery.

If you discover someone squatting on your land call the police.

Although squatting in a residential property is a criminal offence, a squatter who sets up home in a commercial building is not breaking the law (therefore, commercial landlords are more likely to have to deal with squatters as most know their legal rights and avoid private homes).

To remove a squatter, we can apply to the Court for an Interim Possession Order (IPO) if it has been no more than 28 days since you discovered the squatter. If it has been more than 28 days since you made the discovery, you will need to apply for an ordinary claim for possession of the property.

Why choose us?

People choose and recommend us because we get results and in most instances, we are able to settle disputes outside of Court. Our Residential and Commercial Property Disputes Solicitors will take care of your case, ensuring you understand the options available and get the advice you need to protect your best interests.

To talk to us about a Property Dispute dispute, please contact us using the form below.

Meet your 'Residential And Commercial Property Disputes' specialists

The team to guide you through your legal needs.

Harvin Dhillon
3 years experience
Contact Harvin
Kuljeet Sandhu
12 years experience
Contact Kuljeet
Shyam Gadhia
Civil Litigation Team
Contact Shyam

Fees

Depending upon the complexity we are able to offer fixed fees in some cases. In other cases our solicitors chargethe following hourly rate:

 
  • Partner/Member Solicitor
    Hourly rate of £250 + VAT
  • Senior Solicitor or Head of Dept: (PQE 8yr+)
    Hourly rate of £225 + VAT
  • Assistant Solicitor/Fee Earner (PQE 3/7yr)
    Hourly rate of £200 + VAT
  • Newly Qualified Fee Earner (PQE 1/3yr)
    Hourly rate of £170 + VAT
  • Paralegals/Trainees
    Hourly rate of £120 + VAT
  • Support Paralegals
    Hourly rate of £100 + VAT

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