Property disputes can be complex and emotionally charged affairs, often involving significant financial stakes and legal complexities Whether it’s a disagreement over land boundaries, tenancy issues between landlords and tenants, or disputes regarding real estate transactions, seeking legal guidance from property dispute solicitors is crucial to resolving these matters effectively.

 

What is a property dispute?

A property dispute refers to a disagreement or conflict between parties regarding the ownership, use, or rights associated with real estate or property. These disputes can arise in various contexts and may involve residential property disputes or commercial property disputes. Some common types of disputes include:

• Boundary disputes: These disputes occur when neighbouring property owners disagree on the location of their property lines or boundaries. Boundary disputes can involve issues such as encroachments, easements, or disagreements over fences or walls.
• Landlord-tenant disputes: These disputes arise between residential and commercial landlords and tenants concerning issues such as lease agreements, rent payments, property maintenance, repairs, eviction proceedings, or breaches of contract.
• Leasehold disputes: In the case of leasehold properties, disputes may arise between leaseholders and freeholders over matters such as service charges, lease extensions, leasehold enfranchisement, or breaches of lease terms.
• Property transactions: Disputes may occur during the buying or selling of properties, involving issues such as misrepresentations, failure to disclose defects, disputes over contract terms, or failure to complete the transaction.
• Nuisance claims: Property disputes can also involve nuisance claims, where one party alleges that the other’s actions or property use is causing interference with their enjoyment of their property, such as noise, pollution, or offensive odours.
• Title disputes: Title disputes arise when there is uncertainty or disagreement over the legal ownership of a property. This often involves competing claims to ownership or defects in the title such as errors in deeds, liens, or adverse possession claims.
• Service charge disputes: In leasehold or common ownership properties, disputes may arise between property owners and management companies or landlords over the payment of service charges for maintenance, repairs, or other shared expenses.
• Japanese knotweed disputes: Japanese knotweed, an invasive plant species, can cause disputes between neighbouring property owners due to its aggressive growth and potential impact on property values and structural integrity.

Settling a property dispute

 

In England and Wales, property disputes can be settled through various methods, including negotiation, mediation, arbitration, and litigation.

The specific approach chosen depends on the nature of the dispute, the parties involved, and their willingness to resolve the matter amicably. Here are the main methods of settling property disputes in England and Wales:

Negotiation:

Often, property disputes can be resolved through direct negotiations between the parties involved, whether they are individuals, businesses, or legal representatives. Negotiation allows parties to discuss their concerns, explore potential solutions, and reach mutually acceptable agreements without resorting to formal legal proceedings.

Mediation:

Mediation involves a neutral third party, known as a mediator, who facilitates discussions between the parties to help them reach a settlement. The mediator does not impose a decision but assists the parties in identifying common ground and finding solutions that meet their needs. Mediation is a voluntary process and can be particularly effective in resolving disputes where there is ongoing communication between the parties.

Arbitration:

Arbitration is a more formal alternative to mediation, where an impartial arbitrator or panel of arbitrators hears evidence and arguments from both sides and makes a binding decision to resolve the dispute.

Arbitration proceedings are typically less formal and more flexible than court proceedings, offering parties a quicker and potentially less expensive resolution.

Litigation:

When negotiation, mediation, or arbitration fails to resolve a property dispute, parties may resort to litigation by initiating legal proceedings through the court system.

Litigation involves presenting the dispute before a judge or tribunal, who will hear evidence, consider legal arguments, and render a decision based on applicable law.

While litigation can be time-consuming, costly, and adversarial, it provides a formal mechanism for resolving disputes when other methods have been exhausted.

Alternative Dispute Resolution (ADR):

ADR encompasses various methods, including negotiation, mediation, and arbitration, aimed at resolving disputes outside of traditional court proceedings. Many property disputes are suitable for ADR, offering parties a faster, more cost-effective, and less confrontational means of reaching a resolution.

In England and Wales, the courts actively encourage parties to consider ADR before pursuing litigation, and in some cases, participation in ADR may be mandatory. Additionally, certain types of property disputes, such as those involving residential tenancies, may be subject to specific statutory procedures or alternative dispute resolution mechanisms.

Ultimately, the method chosen to settle a property dispute depends on the preferences of the parties involved, the complexity of the issues, and the likelihood of reaching a satisfactory resolution through alternative means.

Property dispute solicitors play a crucial role in advising clients on the most appropriate course of action and representing their interests throughout the dispute resolution process.

 

The role of property dispute solicitors

 

Property dispute solicitors specialise in resolving conflicts related to real estate, using their extensive experience and expertise in property law. Land dispute solicitors work closely with clients to understand their concerns, assess the merits of their case, and devise effective strategies for resolution. Whether through negotiation, mediation, or litigation, property dispute solicitors make use of their knowledge of dispute resolution mechanisms to achieve favourable outcomes for their clients.

Services offered by property litigation teams

Property dispute lawyers offer a wide range of services tailored to address the diverse needs of their clients. This may include:

Legal advice:

Property dispute solicitors provide comprehensive legal advice on matters pertaining to property law. They help clients to understand their rights and obligations under relevant statutes and contractual agreements.

Dispute resolution:

Whether through negotiation, mediation, or arbitration, property dispute solicitors strive to resolve conflicts efficiently and amicably, minimising the time, cost, and stress associated with protracted litigation.

Representation in court:

In cases where litigation is unavoidable, property dispute solicitors provide skilled advocacy and representation in court proceedings, vigorously advocating for their clients’ interests before judges and tribunals.

Specialised expertise:

Property dispute solicitors possess specialised knowledge in areas such as landlord-tenant law, leasehold disputes, boundary disputes, and real estate transactions, allowing them to offer targeted solutions to complex legal issues.

Legal costs in property disputes

Legal costs in property disputes differ depending on whether the matter is handled in the Civil Court or the First Tier Tribunal Property Chamber.

In the Civil Court, the general rule is that the loser pays the winner’s reasonable and proportionate costs, with the court having discretion over the type of costs order issued.

The losing party must pay court fees and may have 14 days to settle costs determined by the court or through a Bill of Costs. Disputes over costs can be resolved through Detailed Assessment Proceedings.

In contrast, the First Tier Tribunal typically operates under a “no costs” rule, where each party bears their own costs regardless of the outcome, though wasted costs orders may be granted for specific conduct.

Guidance from cases like Willow Court Management Company (1985) Limited v Mrs Ratna Alexander, and Others outlines when adverse costs orders may be awarded, considering factors such as party conduct and reasonableness of costs.

Seeking legal advice before proceeding with a case is crucial to navigate potential legal costs, and alternative dispute resolution may be recommended to avoid cost orders. Given the complexity of legal costs in property disputes, assistance from a Costs Lawyer or Costs Draftsman may be beneficial for achieving the best outcome.

 

How can ARC Costs assist?

 If you require the assistance of property dispute solicitors, ARC Costs can introduce you to an expert from our network.

ARC Costs are a team of specialist Law Costs Draftsmen and Costs Lawyers who can assist you in a case relating to legal costs in a property dispute, irrespective of whether a costs award has been made at the Civil Court or the Property Chamber of the First Tier Tribunal.

If you are the receiving party, we hold extensive experience in drawing up Bills of Costs which will detail the level of costs you have incurred in running this case, including accurate inclusion of disbursements and court fees.

If you are the paying party and you have been served with a Bill of Costs which you wish to dispute as being unreasonable, we can assist in doing this through legal negotiations with the receiving party. We can also prepare formal Points of Dispute on your behalf to ensure compliant legal arguments are raised disputing the costs which have been served on you.

Whether you are the paying party or the receiving party, we can represent you the costs process and through the Detailed Assessment Proceedings, which relate to costs issues.

We can advise on what costs are likely to be deemed as reasonable by the Court and also those which can be found to be excessive. Therefore, if you have a costs query which you would like to discuss, please contact us on 01204 397302 or info@arccosts.co.uk

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.