Property Rights Disputes
We provide clear advice and robust representation for property owners facing disputes over property rights
Disputes over property rights can be some of the most challenging issues property owners have to deal with. Take the wrong approach and you could end up wasting a lot of time, money and effort, but get the right legal advice and it is usually possible to find a fast, effective solution that protects your interests.
Longmores’ Property Litigation team have high-level expertise in all aspects of property law, including around property rights. We prioritise finding sensible, practical solutions, using our strong commercial acumen to achieve the right outcome in the right way for our clients.
We can provide clear advice on your legal position and options, then take proactive action which, in many cases, results in no need for contentious litigation. But where firmer steps are required, we have the robust litigation skills needed to secure the best available outcome for our clients in court.
Access our market leading property rights dispute resolution expertise
Our property rights dispute resolution services include:
- Nuisance and trespass disputes
- Easements disputes (rights of way etc.)
- Restrictive covenant disputes
- Boundaries
Based in Hertford, we work with clients all over the country, including London and the South East. Typical clients include management companies, managing agents, commercial landlords and tenants, investors, developers, individual property owners, and rural landowners.
Independently recognised for our property litigation expertise
We are ranked by leading client guide the Legal 500 for our Commercial Property and Commercial Litigation expertise.
Head of Property Litigation John Wagstaffe has been recommended by the Legal 500 for his litigation expertise and is a member of the Property Litigation Association and the Association of Leasehold Enfranchisement Practitioners.
Speak to our property rights solicitors
To discuss your requirements with our pragmatic, commercially focused and approachable property rights dispute resolution experts, please get in touch.
Our property rights dispute resolution services
Nuisance disputes
A nuisance from neighbouring land can devalue a property and cause problems for surrounding occupiers.
Our property rights solicitors can advise on whether an issue constitutes a legal nuisance and what options are available to you. We will always seek to find the best resolution for your interests, whether through an amicable agreement with other parties or through court proceedings where required.
We can assist with nuisance disputes related to all types of matters including:
- Noise
- Smells
- Escapes of water
Trespass disputes
Trespass can take a number of different forms ranging from those who unlawfully occupy your land to those who stray onto it briefly without permission and those who build over the boundary line.
Our property rights solicitors can advise on whether the actions of a third party amount to a trespass in law and what you can do to recover any losses and prevent further trespass in future. We will always seek to pursue the most appropriate option for you, whether that involves taking direct action under common law to remove trespassers from open land, or bringing a possession claim in the courts.
We can assist with nuisance disputes related to all types of matters including:
- Squatters
- Travellers
- Unlawful encroachments
- Unlawful access
Easements disputes
Easements are rights over land belonging to third parties and they frequently bring the landowner and the user of the easement into conflict. The value and utility of a property may depend entirely on an easement (e.g. a property is of no value or use if you cannot get to it) so it will often be critical to ensure the free use of the easement is maintained. However, the misuse or overuse of an easement can be a blight on the property over which the easement is exercised.
Our Property Litigation team regularly advise a wide range of clients on easements and can often help you sidestep a potential easement dispute with the right early advice. Where a dispute over an easement has arisen, we can help you find a solution that works for you through negotiation or court proceedings.
We can assist with easement disputes related to matters including:
- Rights of way
- Pipes, cables, drainage, gas supply lines and other utilities
- Rights to light
- Interference with easements
- Intensification of easements
- Implied easements
- Easements by prescription
Restrictive covenant disputes
Restrictive covenants are an important means of preventing a property from being used in a way which a former owner wishes to prevent in order to protect their neighbouring land. Sometimes covenants are breached and there is a need to enforce them.
At other times enforcement action is not justified or consents under covenants are unreasonably withheld. At all times it is necessary to understand the precise scope and enforceability of a covenant in order to know what rights you have.
Our property rights solicitors can assist with advising on the meaning and enforceability of a restrictive covenant, on what actions will amount to breach, and what the options are for the parties involved. Where a dispute has arisen over a covenant, we can negotiate with the neighbouring owner to seek an amicable resolution and uphold your interests in court should the need arise.
We assist landowners, investors and developers on all aspects of restrictive covenant issues. Our restrictive covenant disputes expertise includes:
- Advising on the effect and enforceability of restrictive covenants
- Bringing and defending restrictive covenant enforcement proceedings
- Applying to the Lands Tribunal to vary or discharge a restrictive covenant
Our property rights dispute resolution fees
Cost is a key consideration when dealing with any legal matter. By keeping our overheads low and maintaining a keen focus on efficiency, we are able to offer our high-level property law expertise at a competitive rate.
Where appropriate, we are able to handle some property rights disputes on a fixed fee or capped fee basis, making it easier for you to budget with confidence.
For more complex property rights disputes where ongoing support is required, we will work to an agreed hourly rate dependent on the level of expertise needed. We will provide a clear cost estimate at the outset and any additional expenditure will be agreed in advance, so you always stay in control.
To find out more about our property rights dispute resolution fees and to request a cost estimate, please get in touch.
Speak to our property rights disputes solicitors
To discuss your requirements with our pragmatic, commercially focused and approachable property rights dispute resolution experts, please get in touch.
