Residential Property Dispute Solicitors

Our Solicitors are here to alleviate the strain of residential property disputes

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Dispute Resolution

Property dispute FAQs

The first place to look is the title deeds to your property. Your deeds will normally contain a description of the extent of your property and there will also be plans. If your title deeds do not contain a definitive answer, or if the plans only show indicative boundary lines, you will in all likelihood be required to gather documentary evidence that will hopefully serve so as to clarify the issue. Such evidence may take the form of old title deeds and plans, photographs, and the recollections of former owners. The physical configuration of the boundary area may also provide answers.

In certain instances, it may not be possible to determine the proper position of a boundary with reference to existing evidence such as title deeds. When this sort of situation arises, it may be helpful to instruct a specialist land surveyor to examine the land. When surveyors are instructed, they can either be appointed by one or both of the parties concerned in the position of the boundary.

There is no one size fits all rule which dictates who is responsible for maintaining a boundary and any features that run along a boundary line (i.e. fences and walls). Some title deeds specify which property owner is responsible for a boundary however some Title Deeds do not provide this information. If it is unclear who is responsible for maintaining the boundary it would be sensible to talk to your neighbour before you take any steps to construct or replace any walls and fences.

The answer to this question will always depend on the individual facts of each case. If a fence or wall is situated entirely upon one neighbour’s land, then in theory the structure could be lawfully removed. The title deeds of some properties contain obligations that require property owners to maintain and leave in situ certain boundary structures and features. Equally, some boundary features such as party walls may be jointly owned. Many properties are not subject to such obligations meaning that there is no legal requirement that a fence or wall must exist.

It goes without saying that you should only seek to enter someone else’s land where you have clear permission to do so. If you are unable to obtain permission from your neighbour to enter onto their land, and if this is preventing you from carrying out repairs to your property, you may be able to apply to the court seeking an Order that permission is granted. We would always recommend that you speak with your neighbour in the first instance because an application to the court should only be viewed as a last resort.

A property owner can only build on or fence off their own land. If you find yourself in a situation where you can clearly demonstrate that your neighbour is encroaching on to your land you a entitled to insist that the encroachment ceases so that the boundaries of your property are respected.

In certain scenarios building works that will affect joint boundary structures, or which will take place within close proximity to your property, need to be undertaken with reference to the rules and requirements set out within The Party Wall Act 1996. If your neighbour fails to follow the procedures contained in the Act then you may be able to take legal action and seek damages for any losses that you have suffered. Furthermore, the Act can require your neighbour to put various safeguards in place before commencing any works that could have an impact upon the integrity of your property.

Some properties rely upon a right of access over someone else’s land. This type of arrangement is normally recorded against the title deeds of all the affected properties. It is also common practice for the precise nature of the right to be described within the title deeds so that neighbours know how the right can be exercised (i.e. does the right allow for vehicular access or does it only allow access on foot?). In certain instances, the right may have come to exist legally by reason of their being nothing more than an unwritten understanding that access can be obtained. Regardless of how your right has been established, you are entitled to exercise it free from substantial interference.

In the normal course co-ownership issues arises where two people buy a property together. Both individuals will have their names recorded as property owners within the title deeds to the property. Disputes can arise where the relationship between these two individuals breaks down and it is not possible for an agreement to reached regarding what should happen to the property. For example, one of the owner’s wishes to sell it whilst the other does not.

These days it is increasingly common for property purchases to be funded with monies provided by third parties such as relatives and friends. Purchases of this sort usually do not record the family member or friend as an owner of the property within the title deeds. This is because when the agreement to provide a contribution is arrived at it is always assumed that relations will remain amicable. However, relations can break down and in such circumstances the individual who has contributed purchase monies may want to have their interest recognised so that they can seek to recover their monetary contribution.

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Excellent

Based on 448 reviews
09 Dec 2024

@Sajith

@Sajith: He greatly supported me and completed the process at the mentioned time. I can say that Eric Robinson is very professional, responsible, and accurate. I can suggest that if everyone wants to go with no hassle and delays. Thanks Sajith.


dwara vinod
06 Dec 2024

our solicitor was very helpful to us

our solicitor was very helpful to us. And he did an amazing good.i would completely recommend


Femina Cyriac
29 Nov 2024

Very professional service provided

Very professional service provided. Supported and coordinated in every stage of our home purchase. Everything kept very transparent and timely updates. Thanks for all the services. Very special thanks to Mr. Sajith Pillai for coordinating till end.


ROMI SINGHANIYA
26 Nov 2024

Eric Robinson Sale & Purchase

Used Sarah Hogarty at Eric Robinson Chandlers Ford for our recent sale and purchase. Sarah was very helpful and prompt in replying to enquiries. We were actually able to go into the office and go through paperwork, rather than using the Internet, which we found really useful. Sarah was friendly and very efficient. Everything went smoothly and we recently moved into our new home. Many thanks Sarah, would 100% recommend


Susan Milchard
21 Nov 2024

Very impressed

A very responsive and timely service provided by Terry Campbell-Barnard at Eric Robinson in the preparation of new wills for my wife and I. We would thoroughly recommend to anyone else looking for a similar service.


Russell Haywood
21 Nov 2024

I can’t thank Syliva enough at Eric…

I can’t thank Syliva enough at Eric Robinson for the work she put in for the property I was buying. She was quick and responsive in all areas with the process. I can’t recommend her enough.


Gina Wilson
09 Dec 2024

@Sajith

@Sajith: He greatly supported me and completed the process at the mentioned time. I can say that Eric Robinson is very professional, responsible, and accurate. I can suggest that if everyone wants to go with no hassle and delays. Thanks Sajith.


dwara vinod
06 Dec 2024

our solicitor was very helpful to us

our solicitor was very helpful to us. And he did an amazing good.i would completely recommend


Femina Cyriac
29 Nov 2024

Very professional service provided

Very professional service provided. Supported and coordinated in every stage of our home purchase. Everything kept very transparent and timely updates. Thanks for all the services. Very special thanks to Mr. Sajith Pillai for coordinating till end.


ROMI SINGHANIYA
26 Nov 2024

Eric Robinson Sale & Purchase

Used Sarah Hogarty at Eric Robinson Chandlers Ford for our recent sale and purchase. Sarah was very helpful and prompt in replying to enquiries. We were actually able to go into the office and go through paperwork, rather than using the Internet, which we found really useful. Sarah was friendly and very efficient. Everything went smoothly and we recently moved into our new home. Many thanks Sarah, would 100% recommend


Susan Milchard
21 Nov 2024

Very impressed

A very responsive and timely service provided by Terry Campbell-Barnard at Eric Robinson in the preparation of new wills for my wife and I. We would thoroughly recommend to anyone else looking for a similar service.


Russell Haywood
21 Nov 2024

I can’t thank Syliva enough at Eric…

I can’t thank Syliva enough at Eric Robinson for the work she put in for the property I was buying. She was quick and responsive in all areas with the process. I can’t recommend her enough.


Gina Wilson
View all reviews

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