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Litigation Disputes

Land and Property Disputes

 

Land and property disputes

Boundary disputes

Boundary disputes can arise between owners of adjoining land where one believes that the other has encroached onto their land. This can be a deliberate act or can happen unknowingly.

Boundary disputes commonly arise after property renovations and refurbishments. For example: extensions, conservatories and dormers as well as replacement or erection of hedges, fences and garden walls.

The disagreement usually centres around the location of the true boundary between the two pieces of land. It is not always easy to identify the location of the boundary and expert advice is usually required by the parties in order to resolve these disputes. Please contact one of our experts for further information and advice.

Right of way disputes and breach of other restrictive covenants and easements

Owning property doesn’t necessarily always mean that you have an exclusive right to use it. In some cases another party may have legal rights in relation to the property and this can lead to disputes over the nature, extent and exercise of that right by another person.

A right of way is understood to be a legal right to pass over land belonging to another person. This can be a public right of way through the use of a footpath or rights of way across private land.

Disputes usually arise where:

i) it is not clear whether a right of way exists at all;

ii) the full extent of the right of way is not known; and

iii) the owner of the land obstructs or blocks the right of way

Adverse possession claims

Adverse possession claims can be made by a person who occupies and maintains land which is owned by another person for a period of at least 10 years. A successful application allows the occupier to acquire title to that land. A number of criteria must be met in order for title to be successfully registered to such occupiers. Such claims can also be contested by the land owner if they come to know about the occupier’s intentions.

At Fieldings Porter we have the expertise to advise and represent you in such claims whether you are the applicant or the land owner seeking to contest the application. Call our experts today for further advice.