Property Dispute Resolution
Property Dispute Resolution
Whether you are in dispute with a neighbour over a party wall or boundary, or you are a landlord trying to recover rent from a tenant, property disputes can be stressful, sour relationships and are often not quick or easy to resolve.
At Rotheras our Dispute Resolution team can advise homeowners, landowners, commercial landlords, property developers and investors on a wide range of property disputes, drawing on their previous experience and insight to anticipate any problems which may arise.
Where possible we will encourage using alternative dispute resolution to resolve your matter; however, if this is not feasible our team have substantial experience to guide your argument through court.
Why use Rotheras Property Dispute Resolution?
We can advise and act for homeowners, landowners, landlords, property developers and investors from across the UK.
We will work with you to help you fully understand the nature of the dispute and what you hope to achieve, and put in place a strategy to achieve this outcome.
We have experience in alternative dispute resolution (ADR) including arbitration and mediation as well as court claims and tribunal applications.
We can help you with:
- Boundary Disputes
- Neighbour Disputes
- Rights of way
- Rights of light
- Party wall
- Enforceability of covenants
- Possession Proceedings
- Disrepair and Dilapidations claims
- Service Charge Disputes
- Rent Increases
- Tenancy Deposit Disputes
- Recovering Rent Arrears and Service Charge
- Breach of Tenant Covenants
- Defending Tenant Claims for Breach of Landlord Covenants
- Preparing and Serving Notices for Possession
- Recovery of Possession
- Court Action Including Claims for Possession, Rent Areas, Breaches and Evictions
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“We strive to make every matter as stress free as possible”
Head of Litigation
Boundary disputes most commonly happen between the owners of residential properties and are often caused by:
- Boundary features such as fences, hedges or walls encroaching onto a neighbouring property.
- One neighbour building an extension.
- Being denied/refused land access.
- Confusion as to which property is responsible for repairing the boundary feature.
Neighbour disputes are often resolvable by taking a pragmatic and practical approach. First of all, try talking with your neighbour as a first step to see if the issue can be resolved amicably. It can also be useful to gather information and documents relating to your property and neighbouring properties, such as title deeds and information from the Land Registry. These documents will give an indication as to where the boundary lies, or at the very least can be used to negotiate with your neighbour about where the boundary should be. If the title documents are unclear, often it is sensible to seek advice from a boundary surveyor who can interpret the documents and attend the property to comment on the physicality of the land and the features of the land in determining where the correct legal boundary position is.
If your neighbour is still refusing to cooperate, we would recommend seeking legal advice and attempting to resolve the dispute through pre-action correspondence and/or perhaps mediation before we would progress the case to court. The idea behind mediation is to reach a compromise with your neighbour with the help of an impartial mediator.
If mediation fails to resolve the issue, then your case may need to progress to court, however, litigation can be expensive, and therefore it is crucial to consider the costs proportionality involved. Even if you were successful in your case, you may still incur legal costs which cannot be recovered from the other party.
Appointing a licensed surveyor to physically locate the boundary can be a good starting point as they can help determine if the boundaries are where you believe they are, and the extent of the land being encroached upon. If your neighbour refuses to accept the boundary as per the surveyor’s expert view, we suggest contacting a solicitor who specialises in property and boundary disputes, as they may be able to provide advice and assistance in reaching a resolution, or they may be able to refer the dispute to a mediator with experience in boundary disputes.
When selling a property, you are required to provide details regarding the boundaries of the property and also any disputes within the Property Information Form. This form forms part of the contractual pack and therefore you should provide the answers to the best of your knowledge together with any relevant documents or information. Failure to do so may result in a claim for misrepresentation.
This is a sensitive point and can often cause further friction between neighbours. If the fence is on your neighbour’s side of the boundary, then they may be able to remove it, however, if the fence is on your side of the boundary line, then only you have the right to remove it unless you give your neighbour permission to do so. Crossing onto your neighbour’s property or removing any boundary features on the land may amount to a trespass. Often, your property deeds will show whether you or your neighbour is responsible for the maintenance of the boundary.
Your neighbour should not build any structure which crosses over the boundary line. However, the Party Wall Act provides for instances in which a neighbouring property owner can build a party wall or party fence
There is normally a strict 12-year time limit in which action can be taken in relation to boundary disputes. This is however a complex issue and specific advice should be sought from a solicitor.
"Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
Tom Burden, Director of Rightbox Ltd
Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
Dear Sally, I can’t thank you enough for today! You took the pressure off me and I felt so looked after and understood everything that was happening. Thank you so much!
Richard Bates leads the Litigation and Dispute Resolution team at Rotheras. Richard is a litigation specialist and can provide a wide range of services to both commercial and private clients.
Richard Hammond is a Dispute Resolution specialist and mediator at Nottingham-based law firm Rotheras Solicitors. Richard is also a notary public, processing client documents for international use.
Paige Regardsoe is a Solicitor in our Dispute Resolution department and is based at our Lace Market office.
Millie Moreton is a paralegal in Rotheras commercial and dispute resolution departments and is based at our Lace Market office.
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