Property disputes for business owners can be time consuming and costly, taking the focus away from essential day to day operations. At Wollens we have a team of professionals experienced in providing advice to big and small businesses, partnerships and sole traders.   

Our team understands that property disputes can be stressful, potentially costly and time consuming. We pride ourselves on providing commercially sensible advice in a cost effective and pragmatic way, seeking alternative methods to resolve disputes at an early stage.

Our team of experts can provide you with advice on:

Landlord and Tenant 

We provide assistance with; drafting lease/tenancy agreements, in respect of both residential and commercial properties. We help landlords and tenants understand their contractual and legal obligations and advise on breaches and all manner of disputes.   

Find out more about our landlord and tenant services.

Property Disputes 

Property disputes are a common issue, affecting both homeowners and tenants. These disputes can arise over a variety of matters, including boundary issues and conflicts with neighbours or third parties. 

Understanding your legal rights and options is key to achieving a cost effective and timely resolution. Disputes often escalate quickly. It’s crucial to attempt negotiation or mediation early, as unresolved disputes can lead to significant legal, financial, and personal consequences, potentially impacting your ability to sell your property.

Our team of experts regularly advise on a range of property disputes including:

Adverse Possession
Land can be acquired through Adverse Possession (or Squatters’ Rights) provided that certain criteria can be met. If contested, applicants must prove their claim before a tribunal. We can provide; advice and assistance on the law and procedure, conducting land registry/tribunal application and proceedings.

Building Disputes
Building work disputes can most commonly arise from; a failure to pay invoices on time or at all or a lack of clear instructions / written contract, setting out the agreed work to be done. Protect yourself by; documenting the agreed work, price, and payment terms in writing. While legal recourse is an option, taking these steps can minimise risk and financial loss.

Lease Extensions, Enfranchisement, Right to Manage and Collective Enfranchisement

If you are looking to extend your lease or take over management of your property, we can help you navigate the whole process. 

Boundary Disputes
Boundary disputes commonly involve questions such as; “Who owns the boundary?” or “Where is it?”. Land owners can find themselves in disputes over; fences, walls, rivers and hedges, with the most common issues arising over land usage and encroachment. If unresolved, disputes can escalate to the County Court or the Tribunal, leading to potentially significant costs.

Easements
Easements grant rights over another’s land, such as rights of way or drainage. These can be agreed upon, acquired over time, or implied by law, depending on the circumstances.

Trespass 

Trespass occurs when someone unlawfully enters land without the permission of the owner. We can assist with cease and desist letters and conducting claims against trespassers for various remedies including possession. 

Nuisance 

Nuisance includes the unlawful interference with another person’s enjoyment or use of land. The most common issues can be noise, smell and encroachment, such as water ingress. 

TOLATA Claims
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) applies to cohabitation disputes where property ownership is unclear. For example, if one partner contributes financially to a property in the other’s name, TOLATA allows courts to establish their beneficial interest. These disputes can often be avoided with a written Declaration of Trust.

Get in Touch

Get in touch with our team of Land and Property Disputes experts today to discuss your requirements. You can contact us via email Email or telephone us 01803 213251

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