Land disputes can arise for many different reasons, causing stress and frustration for property owners. Whether you are a party involved in a disagreement over boundaries, adverse possession claims, or disputes concerning party walls, seeking legal guidance from specialist land dispute solicitors is crucial to finding amicable and legally sound resolutions.

Types of land disputes

Adverse Possession

Adverse possession is a legal principle where someone can gain ownership of a piece of land by openly occupying and using it for a certain period without the owner’s permission. This concept often leads to disputes when individuals claim possession of a property against the registered owner’s wishes. Specialist land dispute solicitors play a vital role in navigating adverse possession cases, providing advice on the legal implications and helping property owners protect their rights.

Boundary Disputes

Boundary disputes can be a source of contention between neighbours. These types of disputes often stem from unclear property lines, disagreements over walls or fences, or conflicting interpretations of title deeds. A land dispute solicitor can greatly assist in resolving boundary disputes.

Easement Disputes

Easements grant individuals or entities the right to use someone else’s land for specific purposes, such as access, utilities, or drainage. Disputes can arise when the terms of the easement are unclear or when one party feels that the use has exceeded its intended scope.

Nuisance Claims

Nuisance claims involve disputes over activities or conditions on one property that interfere with the enjoyment or use of neighbouring properties. This can include issues such as noise, odours, or environmental pollution.

Zoning and Land Use Disputes

Zoning regulations dictate how land can be used, and disputes may arise when property owners object to zoning changes or restrictions. This could involve challenges to building permits, rezoning decisions, or land use planning issues.

Encroachment Issues

Encroachment occurs when a structure or improvement on one property extends onto another property. This can include buildings, fences, or other physical structures. Disputes arise when the encroaching party refuses to remove or adjust the encroaching structure.

Party Walls and Property Disputes

Party wall disputes arise when property owners share a wall, and conflicts can emerge regarding maintenance, alterations, or repairs. Specialist solicitors specialising in property law can provide expert advice on party wall matters, helping parties understand their rights and responsibilities.

Trespassing and Access Disputes

Property owners may face disputes related to unauthorised access or use of their land. This can involve issues such as neighbouring property owners crossing over onto someone else’s land without permission.

Lease and Tenancy Disputes

Disputes between landlords and tenants, particularly in cases of commercial leases or agricultural tenancies, may involve disagreements over property use, rent payments, or maintenance responsibilities.

Land Development Disputes

When it comes to large-scale land development projects, conflicts may arise between developers, local authorities, and neighbouring property owners. Issues may include concerns about environmental impact, changes to the local area, or compliance with planning permissions.

Environmental and Boundary Disputes

Environmental concerns, such as pollution or contamination of land, can lead to disputes between property owners. Additionally, disputes over the exact location of property boundaries can arise, especially in cases where natural features like rivers or trees have shifted over time.

Leasehold Disputes

In the context of leasehold properties, disputes can emerge over issues like service charges, repairs, or changes to the terms of the lease agreement.

Commercial Property Disputes

Business owners may encounter land disputes related to commercial properties, involving issues such as lease agreements, property maintenance, or changes to neighbouring businesses affecting their operations.

The Role of Land Registry and Title Deeds

The Land Registry plays a pivotal role in documenting and registering land ownership in the UK. Dispute solicitors often use these records to verify property boundaries, ownership details, and any existing restrictions. In cases of land disputes, having a thorough understanding of land registry information and title deeds is crucial for presenting a compelling case. Solicitors can guide property owners through the process of accessing and interpreting these documents to strengthen their legal position.

The Importance of Specialist Land Dispute Solicitors

Not all solicitors possess the specialised knowledge required to effectively handle land and property disputes. Specialist land dispute solicitors, however, have extensive experience in dealing with property-related matters, allowing them to offer tailored advice and solutions. When faced with a land dispute, seeking the expertise of a specialist solicitor ensures that your case is handled with precision and a deep understanding of the complexities involved.

Land Dispute Costs

The general rule on land disputes is that each party bears their own costs, unless otherwise ordered. There are different provisions which if applicable, mean that one party can recover costs from another party. It can be common in landlord/tenant disputes, that the landlord can recover costs from the tenant. General provisions to apply for costs include:

• Written Contract – the first provision which allows for costs to be recovered inter partes is if there is a written contract, often found within a tenancy agreement, where it is stated that the landlord can seek legal costs from the tenant. In this instance, the Tribunal can decide if the costs incurred are reasonable and payable.
• Acts of Parliament – There are also certain Acts of Parliament which allow for costs to be recovered inter partes such as the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993. 
• Wasted Costs – this is a power given by the Tribunals, Courts and Enforcement Act 2007. It comes into effect when one party’s behaviour has increased the costs of the other unnecessarily. Those costs can then be recovered inter-partes. 
• Unreasonable Behaviour – If a party has acted unreasonably in bringing, defending or conducting the case, the Tribunal can order costs under Rule 13 of the Tribunal Procedure (First-Tier Tribunal) (Property Chamber) Rules 2013. 

How can ARC Costs assist?

ARC Costs maintains an extensive legal network of expert land dispute solicitors with a track record of success on these types of cases, and we would be happy to pass on your details to assist in your case. 

In addition to introducing you to a solicitor, we can also assist in the recovery and negotiation of legal costs in land dispute cases, whether you are the paying or receiving party.

ARC Costs are highly experienced in advising and assisting with costs issues and disputes in different areas of law. As Costs Draftsman and Costs Lawyers, we can assist in your Commercial Litigation Costs issues.

If a costs award has been made, allowing you to recover costs from your opponent, we can assist with preparing a Bill of Costs on your behalf to ensure maximum recoverability. We can also assist in Costs Negotiations and represent you at detailed assessment proceedings which can determine the amount of costs you may be able to recover.

If you have been ordered to pay costs to your opponent, we can assist in disputing costs which may be sought and which you may deem to be excessive and unreasonable. We can do this by way of preparation of  Points of Dispute and also through negotiations to ensure you will only pay for costs which are reasonably incurred and not exaggerated.

Should you wish to discuss your costs query with us, please contact us on 01204 397302 or via email at info@arccosts.co.uk. Alternatively, you can complete our online query form and we will contact you to discuss your query further. We can provide expert legal advice on costs in our free, no obligation initial consultation.

We may receive payments from third party solicitors on our panel to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.