Property Disputes

Every individual will have interests in property, whether as a landlord, tenant, owner or investor.

The role of our property litigation team is diverse and they are not only called upon when a party has been in breach of its obligations but also when a party is in contemplation of the same. They provide expert guidance on the consequences of, for example, taking various steps under a Lease, the enforceability of restrictive covenants and the extent of your or your neighbour’s boundaries.

It is not unusual to see a property dispute and when it does happen, it can be highly disruptive, which in turn, demands practical, pragmatic and effective advice. Our property litigators keep our clients’ objectives at the heart of their negotiations, are watchful of costs and appreciate how time consuming litigation can be. With this in mind, they aim to resolve issues through negotiation and mediation. If, however, a matter leads to litigation, they ensure that all matters are dealt with tenaciously and efficiently.

We take pride in the network of professionals we have close relationships with, this enables us to have surveyors, engineers, agents and experts across many sectors at our disposal to enable you to have access to quality advice from the inception of any dispute.

  • We regularly advise on the following matters:
  • Right to light claims, nuisance, boundary disputes, restrictive covenants and rights of access.
  • Advising on professional negligence actions: for example, in relation to advice given by solicitors and surveyors and claims against Management Companies.

 We deal with property transactional disputes such as the preparation and service of notices to complete, warranty claims and breaches of contract.

Boundary Disputes

Every piece of land and property has a legal boundary, which is an invisible line that divides one property from another.  Almost all properties will also have what is terms a ‘physical boundary’ which may be marked by an object such as a fence or hedge.  Where the physical boundary does not match the legal boundary, disputes regarding the location of the legal boundary, or disputes with neighbours regarding the ownership of land, often arise. 

Land Registry records are often not sufficiently accurate to alone prove the legal boundary to a property.

At Allan Janes, our litigation team have extensive experience dealing with boundary disputes.  Boundary disputes (usually being disputes between neighbours) are typically capable of being resolved without court action.  Our team can assist in bringing parties to an amicable agreement. However, where agreement is not possible, we are able to assist in court action, having significant experience in the County Courts and High Court.

Nuisance Claims

Many people own leasehold properties, whether they be part of a larger property (such as a flat) or part of a development.  Leasehold agreements can lead to disputes regarding the interpretation of the terms of the lease,  or relating to the conduct of their neighbours.

At Allan Janes our litigation team have wide ranging experience dealing with disputes relating to leasehold property, including nuisance claims between neighbours.