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
This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.
We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
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.
Joshua Morley is a Trainee Solicitor currently in the Dispute Resolution department and is based in the Lace Market office.
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.
Cycling road safety during the second lockdown
The Prime Minister has announced that England are to be in a nationwide four-week lockdown to control the spread of Covid-19, from November 5 to December 2, as cases have spiked in recent weeks. Consequently, people are being told to stay at home, there is a ban on gathering with people you do not live with and the closure of non-essential business.
Posted on 11/17/2020