Property and Neighbour Disputes
Property and Neighbour Disputes
Property disputes with your neighbours can be fractious and make it hard to enjoy your home. These disputes can often vary in nature, from issues regarding boundaries, noise and blocked access, to trees or buildings encroaching onto your land.
Whilst you might have tried discussing the issue with your neighbour, if they refuse to address or even acknowledge the issue it can result in ongoing tension and the problem remaining unresolved.
At Rotheras our Dispute Resolution team understand that if you are in a property dispute you will want the matter resolved effectively, affordably and efficiently. We are regularly instructed by clients in relation to property dispute matters and will use our knowledge and experience of property law to help you resolve your dispute quickly and amicably.
Whether you have only recently entered a dispute with a neighbour or you have already tried different methods to settle the dispute such as making a written request to them or contacting the council or police, we can provide support and advice at all stages.
Boundary disputes can often arise when one party constructs a fence, wall or building in a position that their neighbour does not agree with because they think it is on their boundary.
We can advise on boundary disputes relating to the legal position of boundaries, claims for adverse possession, trespass, shared access, and encroachment from neighbouring buildings.
Right of Way
Disputes can often occur regarding right of way, especially where one or both parties are uncertain as to the extent of a right of way or fail to maintain or repair a right of way, or there is confusion about which neighbour benefits from the right of way and which neighbour has the burden of right of way.
We can advise you on whether you have infringed someone else’s right or you have discovered someone else using your land who has no right to it.
Also known as ‘squatters’ rights’, adverse possession allows someone to become the registered owner of a property even if they are not the legal owner.
Making a successful adverse possession claim requires establishing several important factors, and we can advise you whether you are seeking to establish an adverse possession claim or wanting to defend.
Prescriptive Rights/ Easements
A prescriptive right is where a property owner has been using another party’s land (for example crossing a neighbour’s back garden to access your own back garden) for a long duration of time without permission, interference or force, resulting in the other party being unable to object to that right and establishing it as lawful.
We can help with establishing a case for a prescriptive easement.
Why use Rotheras for Property Disputes?
We have experience acting in a wide range of property disputes.
We will discuss the matter fully with you to establish how realistic your claim is.
You will be assigned a solicitor from our Dispute Resolution team who specialises in property law and will be able to advise you on the best strategy to successfully resolve your dispute.
We use Alternative Dispute Resolution where possible to resolve your dispute swiftly and in a cost effective manner.
If your case does progress to court, we have significant experience in being able to guide you through the court process.
We will negotiate with relevant parties on your behalf and keep you updated on any progress at all stages.
We can help you with:
- Adverse possession claims
- Boundary disputes
- Breach of covenant
- Building and construction disputes
- Land disputes
- Party Wall Act Right of Way
Send us a message
“We strive to make every matter as stress free as possible”
Head of Dispute Resolution
"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
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.
We’re Recruiting: Commercial & Corporate Paralegal
An excellent opportunity has arisen for a Paralegal to work in our Commercial & Corporate department.
Posted on 10/05/2021