Land & Property Dispute FAQs
Knowing where you stand in a land or property dispute is the first and most important step in the process of resolving the dispute in question. Disputes of this nature can arrise for a variety of reason and can often be complex issues that require the assistance of an expert. To help you get a better understanding of where you stand and how our land and property dispute solicitors can help you, we've answered some of your commonly asked questions below.
If you have a question that you would like an answer to, or would like to discuss your situation further, please call us or request a callback at a time that is convenient for you.
What is a land dispute?
This can be a dispute about who owns a piece of land, from a large property to a small strip of land. The size may be less relevant if the land is important to both parties in a dispute.
It can also be an issue in relation to access to your property, for example rights of way being blocked. This could stop you getting to your property or bringing services such as water or electricity over someone else’s land.
There could be covenants on land that prevent certain things taking place e.g. to only build a single house. Someone may seek to enforce these agreements.
Finally, it could be a nuisance caused by neighbouring property – either physical damage caused to your land, or something taking place nearby which affects your property – such as noise, smell, smoke, floods or fire.
How can I file a land or property dispute?
A letter of claim is almost always required in all cases and allowing the other party time to reply.
Ultimately a claim may be filed at court or the lands tribunal – now called the Upper Tribunal (Lands Chamber). There are advantages and disadvantages with both that we can talk you through.
How much will it cost to file a land dispute?
This very much depends on the nature of the dispute, and the approach from your opponent. We will talk you through the costs involved in order to assist you with your planning.
How long will it take to settle my land dispute?
Again, this depends on what is required in relation to your case, and your opponent’s approach. Some cases resolve quickly. Others may take years. There are also currently delays with the courts and tribunal services in terms of administration of cases and listing of hearings.
Can I settle my land dispute out of court?
Yes, most cases settle. We will advise you on appropriate offers to protect your position.
I’m not sure if I have a case, can you help?
Yes, we will be able to investigate the issues, and provide you with an advice. We often seek to provide initial advice for a fixed fee.
Can you assist with mediation?
Mediation is a sensible way to look at settling land disputes. If a mediator is able to attend site, this may lead to creative solutions that the parties would not usually contemplate and cannot be sought in court. This could include exchanges of portions of land or moving rights of way to resolve issues that people can live with. Mediation can also resolve cases more quickly. However, it does require co-operation from both sides. We have extensive experience in advising at mediation and guiding you through the process.
What is an injunction?
This is a court order that requires someone to stop taking steps. It is sometimes used in land disputes, for example, to stop someone from blocking access to land.
If you are facing a court application for an injunction you should seek advice early. We have seen too many situations where people have attended court themselves, leading to court orders and costs bills being payable.
We can guide you through the process of seeking or defending an injunction and the risks involved.
Get in touch
If you are finding yourself in a dispute, acting quickly gives you the best chance of success. Our land and property dispute solicitors can help advise on the best course of action to take, while protecting your legal position every step of the way. Get in touch with our experts at our Liverpool and Wirral offices and they’ll be on hand to guide you through this process.