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What is Property Litigation?

Property Litigation is any litigation concerning a property, whether commercial or residential. If you own, lease, or rent a property, it is likely you will require a property litigation solicitor at one time or another. Disputes can arise with neighbours, partners, tenants, freeholders, leaseholders, partners, contractors, and others. Property litigation can often be complex and time-consuming. If you find yourself embroiled in a dispute over a property, we are here to help. 

Litigation or alternative dispute resolution?

Litigation (court proceedings) is a form of dispute resolution which involves the issuing of court proceedings, with a view of the court ultimately making a determination based on the facts of the case at hand. In litigation proceedings, it is common for parties to also be open to alternative dispute resolution (ADR) as a means by which to resolve their dispute. Different types of property litigation involve different forms of legal proceedings, as they are governed by different sections of the Civil Procedure Rules (CPR). As solicitors, we are on hand to assist you in navigating the court process, which is often complex and confusing for a layperson. 

ADR is a set of processes through which parties attempt to resolve their legal issues without going to court. Parties have a duty to the court to properly consider whether to engage in ADR, as allowing matters to proceed to court should only be considered as a last resort. One of the most popular forms of ADR is mediation, where parties sit down with an independent adjudicator and attempt to come to a resolution without the need for litigation. 

Our priority is achieving a favourable outcome for our clients in the quickest, most cost-effective way possible. We specialise in both litigation and Alternative Dispute Resolution and will endeavour to resolve your property litigation issue via whichever means best achieve those aims. In some instances, it is not in the best interest of the parties to engage in lengthy, costly court proceedings. In other cases, this may simply be unavoidable. 

Many cases will also be resolved in the pre-Action stage, i.e. before formal court proceedings have been issued by one of the parties.  

How can property litigation solicitors help?

Areas of Property Litigation with which we can assist you include: 

Neighbour disputes (e.g. boundary disputes, party wall disputes, adverse possession). 

Disputes surrounding a person’s potential interest in a property shared with another individual, e.g. an unmarried partner (known as Trusts of Land or TLATA claims). 

Eviction of a tenant or removal of an occupier from your property. 

Purchasing a freehold interest in a leasehold property (enfranchisement). 

Disputes with a builder/contractor over issues with works to your property. 

Service charges disputes. 

For further information, you can call us on 1051 236 8871 where a member of our team will be happy to assist.