PROPERTY LITIGATION

At L.A.M Solicitors we are able to provide advice to both homeowners and businesses on all aspects of property litigation, from boundary disputes to the eviction of unlawful occupiers.

Property and land disputes can be complex and stressful, often spanning protracted periods of time and resulting in a complete breakdown in communication between those involved.

That said, given the stakes involved, parties can easily become entrenched in a long-standing feud, with emotions running high, not least in cases such as neighbour disputes.

At L.A.M Solicitors we are experts in handling property litigation cases for owners or occupiers of either residential or commercial property, helping you to find the right balance between enforcing your rights and finding an acceptable way forward.

How we can help you

We will take the time to understand the issues involved, providing practical advice on how to resolve your dispute quickly and effectively, with the minimum amount of stress involved.

In the event that litigation is unavoidable, we will be able to provide full legal representation in court, helping you to achieve the best possible outcome to your case.

Our property litigation dispute services include:

  • Boundary disputes
  • Private nuisance claims
  • Restrictive covenants
  • Rights to light and other easements
  • Property ownership disputes
  • Eviction of unlawful occupiers

For expert professional help on all aspects of property litigation, please call L.A.M Solicitors on 01621 856683 or email us at leanne@lamsolicitors.com.

Boundary disputes

A boundary dispute is where two people have formed the view that they have the legal right to a piece of land. This type of dispute can commonly occur between two residential neighbours, whereby one person puts up a fence or wall on land that the other person believes belongs to them.

At L.A.M Solicitors we can help you to better identify the exact boundaries of your property and to advise you on the merits of your case.

We can also provide advice in relation to other potential issues, including disputes falling under the provisions of the Party Wall Act 1996, where work has been undertaken to any wall built on both sides of a boundary without the necessary consent.

Private nuisance claims

A private nuisance is usually caused by a person doing something on his own land, where the consequences of his act unlawfully interferes with another person’s use or enjoyment of land, or some other right connected with that land.

The causes of such interference can arise in a number of ways, for example, tree roots growing across land, or even intangible problems, such as noise or smells.

If you are suffering continuous or recurrent nuisance, and have suffered loss or damage as a result, or you find yourself the subject of a complaint about your own use of land, at L.A.M Solicitors we can provide you with comprehensive advice on how to resolve your dispute.

Restrictive covenants

A restrictive covenant is a promise by one person to another, such as a buyer of land to a seller, not to do certain things with the land or property. Typical examples of restrictive covenants include an agreement not to build a certain type or style of property, or not to run a business from the property.

If you have purchased land that is subject to a restrictive covenant, the benefiting party may be able to obtain a court injunction against you, ordering you to stop the restricted activity. They may also be entitled to damages where a restrictive covenant has been breached.

At L.A.M Solicitors we can advise you on the enforceability of a restrictive covenant and, where possible, help you to negotiate a release from the party who retains the benefit. We can also advise a benefiting party looking to enforce restrictive covenants, including the recovery of compensation.

Rights to light and other easements

An easement is essentially a right benefiting one piece of land that permits the rightful users of that land to perform specified actions over a neighbouring piece of land.

The right to light is a particular form of easement that, over time, gives an owner of a building with windows a right to continue to receive natural daylight for the continued enjoyment of their property.

If a planned development is likely to infringe the right to light, injunctive relief can be used to prevent development. The courts can also award substantial damages in lieu.

Other easements over property include private rights of way, for example, over a driveway, or the right to park a vehicle.

At L.A.M Solicitors we can advise you as to the enforceability of an easement, whether you are looking to be released from, or enforce, this type of right.
ry of compensation.

Property ownership disputes

Property ownership disputes refer to disagreements over financial ownership of a property. These disputes can arise in various different ways, such as through an inheritance, divorce, or the breakdown of a relationship where the parties have been cohabiting.

The law here can be complex. In particular, there is no statutory framework as to how assets should be divided between cohabitees, where disagreements frequently arise as to who is entitled to any equity in a property, or whether a property should be sold at all.

At L.A.M Solicitors we can advise on all types of disputes over financial interests in property. This includes claims under the Trusts of Land and Appointment of Trustees Act 1996, which allows the court to determine the extent of each party’s interest in the land or property and how that interest can be dealt with. .

Eviction of unlawful occupiers

An unlawful occupier may refer to a person who has entered, and remained, on land or property without the owner’s permission. It can also include persons who have lawfully been in occupation of land or property but permission has subsequently been withdrawn.

The recovery of land or premises from unlawful occupiers, or squatters, is not always straightforward, and time is often of the essence. The longer squatters remain in occupation of your land or property, the more likely there is to be damage caused.

At L.A.M Solicitors we can help you to follow the correct procedures to remove unlawful occupiers, quickly and efficiently with the minimum amount of fuss. We can also advise individuals who have been forcibly or otherwise removed from a property, and who believe that their eviction was unlawful.

For expert professional help on all aspects of property litigation, please call L.A.M Solicitors on 01621 856683 or email us at leanne@lamsolicitors.com.

Other services

Contact Info

Heybridge Business Centre,
110 The Causeway,
Maldon
Essex
CM9 4ND

Phone number:

01621 856683

Email

leanne@lamsolicitors.com

Business hours

Monday: 9AM - 5PM
Tuesday: 9AM - 5PM
Wednesday: 9AM - 5PM
Thursday: 9AM - 5PM
Friday: 9AM - 5PM
Sat - Sun: CLOSED
Bank Holidays: CLOSED

Leanne Allcock-Mead Solicitors is a limited liability company, registered in England and Wales with registration number 11669444 whose registered office is SF 4 The Heybridge Business Centre, 110 The Causeway, Heybridge, Maldon, Essex CM9 4ND. A list of the Directors of Leanne Allcock-Mead Solicitors is available for inspection at the registered office.

Leanne Allcock-Mead Solicitors is authorised and regulated by the Solicitors Regulation Authority under No. 655649.