- Boundary Disputes
- Neighbour Disputes
- Rights of Way
- Tree roots damage
Property Disputes Solicitors in Leicester
I am an expert in Property Disputes. As a Solicitor in Leicester, I have dealt with hundreds of property disputes and every time I strive to provide:
- Plain English Advice
- Time – to understand your situation and all that you’re faced with
- Results – getting you the best possible result
- Value – working on fixed fees where possible
- Convenience – meetings by phone, video call or in person at a time to suit you.
Urgent Property Law Advice?
What are property law disputes?
Property Law disputes typically involve neighbours. If you’re looking for property ownership disputes, then go to our separate page.
Property law disputes often involve considering your title deeds, although these are usually registered at HM Land Registry. Our expert property law solicitor will review the Office Copies for your property as a starting point in advising you on your property law rights or obligations.
Boundary disputes are disputes which involve the legal boundary of your property. However, the Land Registry boundary plan that is shown on your title deeds does not reflect the precise boundary (section 60 Land Registration Act 2002, known as the general boundary rule).
Steven Mather is an expert with Boundary Disputes, having taught RICS Members on Boundary Disputes.
Resolving boundary disputes can be difficult, but the first step is to get an RICS Boundary Expert to come out to the property for a site visit. This is to look for physical boundary features, such as posts, markers, ditches, rivers, hedges etc.
You should then seek to mediate the dispute with your neighbour as soon as possible, but if an agreement cannot be reached on where the boundary is (or an agreed compromise) then you may have to issue Court Proceedings for a declaration on where the boundary should be).
Right of Way Disputes
You may have the benefit of a right of way, or the burden of the right of way. Either you can access someone’s land or they can access yours.
I have advised on lots of Right of Way cases, and they are typically where the Right of Way has been interfered with in some way. The case law refers to “substantial interference” and I can advise you on what amounts to substantial interference. Things like erecting a locked gate at the start of the right of way, can amount to a substantial interference.
Rights of Way can also be moved, and I can advise you what happens if a right of way is moved and you are put to a detriment.
What is Trespass?
Trespass is where one party comes on to your land without your permission.
In these circumstances, I would usually seek an injunction to prohibit the person or people from trespassing on your land.
These types of claims are usually in relation to trespass by groups like Travellers, in boundary disputes, and in relation to tree root claims.
Tree Root Damage / Tree Root Claims
Most people know the legal position with trees that overhang, which is that you can cut the tree down along the line of your boundary up as far as the tree is tall, and dispose of the tree with your neighbour.
However, tree roots can cause a lot of damage to a property, particularly if they are close to an out-building, a wall or your house.
If tree roots are causing damage to your property, then you may be able to bring a claim against your neighbour for trespass and damage suffered.
I would usually instruct a tree expert to prepare a formal experts report on the tree and its roots, so that we can see precisely what is happening and what the suggested “fix” is for it. You can then look at making a County Court claim against the neighbour for an injunction, often to reduce the height of the tree, limit some of the roots, install root barriers etc. You can also pursue a claim for damages.
As an expert tree root solicitor, I can also defend claims in respect of tree roots.
Why use me as your Property Law Disputes Solicitor?
Steven Mather is a very experienced property law disputes solicitor. I have dealt with a number of disputes involving property law, including some cases which have gone to the Court of Appeal and made law.
I can help you from start to finish. General steps in a property dispute might include:
- Reviewing your title deeds
- Writing (or responding to) a Letter of Claim
- Engaging in correspondence to explore settlement
- Issue or defence of Court Proceedings
Recent examples of Property Disputes
Here’s a sample of the kinds of property law disputes I’ve dealt with recently:
- Acting for farmer client regarding an infilled ditch by neighbour
- Acting for farmer client regarding a boundary dispute with neighbour
- Dispute involving a locked and pin-controlled gate blocking a right of way
- Resolving a dispute regarding driveway access to a large country property
- Advice on the fence between two terraced houses
- Advice on where boundary lies in a row of Victorian terraced houses
- boundary dispute involving a new build developer and existing property owner.
How much do property disputes cost?
Initial advice on property law disputes costs very little, typically the charge will be just £350 plus VAT to review your issues and provide you with advice on the subject.
More often than not, many of the clients that I have dealt with have had Legal Expenses Insurance (LEI) through their Home Insurance provider. Depending on the provider, Legal Expenses Insurance can provide somewhere between £50,000 and £250,000 towards the costs of a property law dispute.
If you do not have LEI, then you might look at Conditional Fee Agreement (CFA, sometimes known as a No Win No Fee). A CFA is where you only pay our fees if there is a success – a settlement or a win at trial. There is an initial assessment fee to pay on all matters prior to us being able to consider a CFA.
Alternatively, you can of course pay privately.
If you’re unsure on the question of fees, or on any aspect of property law disputes then speak to our litigation solicitor Steven Mather.
Just fill in the form on the side of this page, or give us a call to discuss further.
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Property Law Disputes Solicitor