Other Property Disputes

Other Property Disputes

Our property litigators have in depth expertise in dealing with a wide range of disputes which occur in relation land and property. 

The type of cases we are regularly instructed on include: 

• Contractual Disputes: Advising on issues arising under construction contracts and development agreements, including advising residential developers and housing associations on issues arising from the transfer of social housing allocation within new developments. See our article on “Conditional Contracts and the Right to Terminate.”

• Boundary disputes: We encourage the use of alternative dispute resolution to try and resolve issues at an early stage, the use of agreed boundary plans to record agreements and applications to the Adjudicator to HM Land Registry and to the Courts to determine the boundary if an agreement cannot be reached.

• Easements and Rights of Way: We provide advice on the protection of a person’s rights in relation to easements and rights of way including agreeing the form and wording of express rights, registering prescriptive rights, dealing with issues arising in respect of unauthorised or excessive use and where necessary the use of injunctions and applications to extinguish expired rights. Read our article on "Easements and Rights of Way - they don't always last forever."

• Rectification and Adverse Possession: We are able to assist and deal with applications to the Land Registry for rectification of the mistakes or omissions on the register, referral of those matters to the Land Registry Adjudicator and direct applications to the Land Registry for rectification of contracts or transfers including claims for possessory title/adverse possession.

• Claims to a Beneficial Interest in Property: Advising on claims in relation to the creation of constructive trusts and interests in property resulting from contributions to mortgage payments, improvements or similar.

• Misrepresentation Claims: Acting for both sellers and purchasers in claims for the rescission of contracts for sale and for damages resulting from the failure to disclose relevant information on issues affecting the property prior to exchange of contracts.

• Property issues on insolvency: Acting for both insolvency practitioners, banks and individuals on property related issues arising our of insolvency situations including the appointment of LPA receivers, chargeholders entering into possession as mortgagee in possession and forcing the sale of property, disclaimer of leases, taking action against insolvent tenants in respect of arrears of rent and service charge, other breaches of covenant and the ability to forfeit and advising on issues arising from a landlord’s insolvency including the protection of the leaseholders interest.

If you would like to know more, please contact Vanessa Joll, Head of Property Disputes, by emailing Vanessa or by calling her on 08450 990045, or speak to your usual contact in the Property Disputes Team.