Our land disputes team has many years of experience dealing with complex land and property disputes, including:
A boundary dispute may occur when two people believe the same piece of land belongs to them. A hedge, fence, wall, garden shed or property extension might stray across a perceived boundary. This can happen accidentally or deliberately.
When there is a boundary dispute with a neighbour, it can be extremely stressful. To prevent a dispute from becoming contentious, it is a good idea to seek legal advice as soon as possible. Our solicitors at Parkinson Wright have the skills to resolve boundary disputes swiftly and amicably.
Adverse possession claims
Adverse possession is when somebody occupies land or property that belongs to somebody else without permission.
If the occupier has used the land for 10 or 12 years, they might be able to make an application to the Land Registry to become the legal owner.
However, other conditions apply, and this area of law is complex.
Please talk to our solicitors if you would like advice about an adverse possession claim.
Enforcement of covenants
There are two types of covenants in freehold land: positive covenants and restrictive covenants.
Positive covenants allow something to happen (for example, allowing someone right of way). Restrictive covenants prevent something from happening (for example, stopping animals from grazing on a piece of land).
Positive covenants are not bound in the title deeds of land. This means if the land is sold, subsequent owners do not have to abide by the covenant.
On the other hand, restrictive covenants are bound in the title of land.
If you need to enforce a restrictive covenant, you can do so by obtaining an injunction from the court. The court will need to be satisfied that you have the right to enforce the covenant. It is important to seek legal advice as soon as possible because an injunction is more likely to be granted if action is taken promptly.
Development agreement disputes
Development agreements include contracts involving land developers, buyers, landlords and tenants. Although these agreements are all different, they do have common elements.
Before an agreement is signed, it is vital that all parties receive sound legal advice and fully understand their rights and obligations. This reduces the chance of disputes occurring in future.
If you are involved in a development agreement dispute, our solicitors can provide the legal expertise you need to find a solution.
Rights of way
A ‘right of way’ is a type of easement. An easement gives somebody who does not own a piece of land the right to cross it.
There are two types of ‘right of way’ easements:
- Public. This right of way easement (also known as a ‘right to roam’) gives members of the public the right to cross a piece of land. For example, a public footpath through a farmer’s field.
- Private. Under this right of way easement, only a defined person or group of people are allowed to cross the land. These people can only cross the land for a specific purpose (for example, to move dustbins from their garden to a collection point).
Disputes can arise when a party believes the land they are crossing is owned by them or is publicly owned. When land has been used as a right of way for many years, the issue can become particularly challenging.
Rectification Of Title
If a mistake has been made in the registration of a title of land or property, our solicitors can help you to put it right.
A mistake in the title can affect the value of land or property by making it difficult to sell. Mistakes can involve rights of way, restrictive covenant issues, land boundaries and more.
The first step is to apply to the Land Registry for rectification to find out whether there are grounds to rectify the title. If there are grounds, then you will need to apply to the First Tier Tribunal for the Land Registry to amend the title register.
Under the Land Registration Act 2002, anybody who suffers a loss due to the rectification of a title or as a result of a mistake before rectification can apply for compensation.
The repossession of land or property can be extremely difficult and emotionally fraught. Please talk to us whether you are a landlord considering evicting a tenant or a homeowner worried about losing their home.
The sooner you contact our solicitors, the more we can do to help you. We can provide you with advice about your legal rights and responsibilities, and we can offer you practical advice if you are in financial difficulty.
Our approachable and friendly solicitors will answer all your questions and do everything we can to achieve the outcome you need.
Dilapidations claims are claims brought by a landlord against a tenant at the end of a lease. A dilapidations claim can arise if a landlord does not believe their tenant has left the land or property in a good state of repair.
Disputes arise when a landlord wants to maximise a claim but a tenant wants to minimise the claim. The tenant might even think a claim should not be brought against them at all.
Our solicitors protect the interests of both landlords and tenants, and we work to find the best possible solutions.
How Parkinson Wright can help
Parkinson Wright land dispute solicitors can help you to resolve your land or property dispute through alternative dispute resolution (ADR).
These are the ADR options:
- Mediation. We can act as a mediator to facilitate discussions between you and the other party, so you reach an agreement yourselves. This is the most amicable and cost-effective method of resolving a land or property dispute.
- Expert determination. You and the other party submit documentary evidence to an independent expert (for example, a land surveyor) who obtains further evidence such as aerial photos. The expert decides the outcome of the dispute, and their decision is legally binding.
- Adjudication. This is almost the same as expert determination. An adjudicator is unable to award costs, and their decisions are enforced by the court. If you disagree with an adjudicator’s decision, you can take it to arbitration or to court. It is easier to challenge a decision made in adjudication than expert determination.
- Arbitration. This is a ‘mini-court’ but more private. An arbitrator makes the final, legally binding decision that resolves the dispute. Their decision is very difficult to challenge. Unlike an adjudicator, an arbitrator can award costs.
- Litigation. Going to court to resolve a dispute is a last resort because it can be costly, time-consuming and stressful. Our solicitors take every possible step to avoid legal action. However, when court proceedings are necessary, our specialist knowledge and firm approach ensures you have the best chance of achieving the outcome you seek.
Why choose Parkinson Wright land dispute solicitors?
Parkinson Wright land dispute solicitors will work closely with you to understand your circumstances. We know that disputes are stressful, so we do everything possible to find the best resolution for you as quickly and cost-effectively as possible.
Parkinson Wright litigation team has several accreditations, so you can rest assured you will receive the highest quality legal advice and level of customer service.
Solicitors Regulation AuthorityWe are egulated and authorised by the Solicitors Regulation Authority (SRA).
Lexcel Quality MarkWe have achieved the Law Society’s Lexcel Legal Practice quality mark, which sets the standard for client care.
ResolutionAs Resolution members, we are dedicated to settling land disputes outside of court via mediation.
Get in touch
We offer a Free Initial Assessment so you can explore your options with our land dispute solicitors without charge or obligation.
To arrange your Free Initial Assessment at a time convenient to you, please call 01905 401 893.