Where properties intersect, rights overlap or there is the potential for conflict we have the strength and depth of expertise to resolve disputes with the minimum of cost and disruption.
Boundary disputes
It is common for disputes to arise about the precise location of a boundary, which often arise in the context of development or change of use. Emotions often run high with these disputes, but rest assured we're here to take the drama out of your crisis. Our real estate disputes team can bring a wealth of experience and resources to bear to resolve disputes quickly.
We are very conscious that neighbours will usually continue to live in close proximity and a resolution, with mediation if required, should aim to minimise the damage to neighbourly relations.
We work with specialist land surveyors who use the latest GPS equipment and are able to show intricate boundaries on a large scale of 1:200 and with tolerances down to +/- 10mm. Our real estate team has extensive experience of drafting determined boundary agreements, which can be registered to ensure disputes are avoided in future.
Trespass
Where landowners are affected by trespass, by encroachments or through unwanted visitors arriving on site, we have the expertise to deal with it swiftly. We have experience dealing with the rapid removal of squatters and protesters using urgent possession claims. These claims can be brought where there is a risk of public disturbance or serious harm to persons or property. In other cases, we can apply for an interim possession order where the claim is brought swiftly after discovering the trespass.
Our team co-operates closely with court enforcement officers and police exercising their powers to remove trespassers from land under Section 61 of the Criminal Justice & Public Order Act 1994.
Prescriptive easements
Prescriptive easements are rights of way across land established by long use, usually with a degree of continuity for a period of 20 years or more (and similar rules apply to rights of light). Whether it's protecting the right to carry on using the right of way or defending land from the imposition of an easement, we have the knowledge and capability to resolve the dispute quickly and effectively.
Adverse possession
Our real estate disputes team is very proficient at dealing with disputes over encroachments and adverse occupation (so-called "squatter's rights") over both registered and unregistered land and documenting any agreement to regularise the position.
The team is experienced in boundary dispute, trespass or adverse possession dispute and a safe pair of hands to resolve disputes effectively and economically.
