As solicitors, we know that we should be the last resort. We're the people you come to when other methods of dispute resolution have failed.
In the case of personal property disputes, your first port of call should always be face-to-face communication with the other party.
Whether you're arguing over a breach of contract, a dividing wall, an access issue or the fine print of a contract, the best-case scenario is that you resolve it amicably without having to get third parties involved.
But this isn't always possible – and you might turn to mediation to get a second opinion. In this scenario, you can either go solo or have a solicitor working with you.
Solicitors know the law inside out so you don't have to. If you're involved in a dispute, the last thing most people want is to take a crash course in property law.
A good property solicitor will furnish you with facts, options and guidance. They'll be committed to getting you the outcome you desire. And they'll be a calm voice in the midst of a row.
There are all sorts of personal property disputes. In this article, we look at six of the most common – and how a property solicitor can help you to resolve them.
1. Boundary disputes
This is one of the most common kinds of property disputes. Amazingly, 6.6 million Brits were involved in one in June 2022 – almost ten percent of the overall population.
They tend to centre on dividing features: fences, walls, hedges, overhanging trees and driveway access.
These problems stem from the legal status of these features. They don't necessarily map onto legally defined boundaries. It might seem obvious that your garden fence is the boundary between your home and your neighbour's, but the law might disagree.
Boundary disputes aren't only stressful, time-consuming, costly and potentially acrimonious – they can also adversely affect the value of your house. Both buyers and lenders will think twice about a property involved in a boundary dispute.
In this situation, your best bet is to try and reach an agreement in person. If that fails, get a solicitor who can assemble the relevant documentation and fight your corner.
2. You buy a house and don't get the amenities you were promised
Let's say you've just bought a house. On moving-in day, you find that the washing machine you were promised isn't there.
If the washing machine was an amenity mentioned in your contract, this is a legal issue.
And if it can't be sorted face-to-face, you should show the contract to your solicitor. They can then communicate with the seller's solicitor to resolve the issue.
As with most of these disputes, it's possible to do it yourself. However, it's a lot more work and could make things worse.
3. Your property is damaged
If you move into a new property and find that a door, window, roof, boiler or anything else is broken, you should show your solicitor the contract. They can then try to resolve the issue on your behalf.
4. You need access to a neighbour's land to carry out a repair
Let's say your property has a broken pipe. To fix it, you need to get onto your neighbour's land – but they're hesitant or outright refuse.
This is a legal issue. The
Access to Neighbouring Land Act 1992 states that the court can order access if it's needed for basic preservation works.
This is one of those situations where you don't want to instruct a solicitor unless absolutely necessary – but if you do find yourself in a deadlock, it can be highly useful.
5. Family property disputes
Questions of inheritance and joint ownership can cause family disputes.
Ambiguous wills can lead to disagreements about inheritance. And when two or more family members co-own a property, sparks can fly over the sale of shares.
These disputes can be especially painful – and quickly get complicated when the interests of children are taken into account.
Getting legal advice can be invaluable when family disputes are concerned. You need a steady hand at the tiller when things get choppy.
6. Breach of contract
Finally, breach of contract is a common issue, especially between landlords and tenants.
A landlord might be pursuing late rent. Or a tenant could be concerned that a landlord is failing to follow fire safety regulations.
Often, these issues can be sorted out face-to-face or via the estate agent. But if not, damages can be pursued and you could need a property solicitor on your side.
What to do in the event of a property event
The first thing is to try to sort it out between yourselves. You want to avoid a legal battle as much as you can.
Clear, non-confrontational communication is a must. If that fails, you should seek mediation.
Mediation is actively encouraged by the government and the judicial system as a means of clearing the backlog of cases that the courts are facing.
A mediator is an impartial person whose aim is to help the two warring parties find common ground – and in the process, avoid a court case.
If mediation fails, legal action is your final option.
In this eventuality, it can be worth seeking high-quality legal advice from an experienced property solicitor. Someone who knows all the relevant case law so that you don't have to.
They'll be able to talk you through the possible outcomes and help you to present your case effectively.
What do property cases involve?
If you do end up in court, you'll need to get all your documents together and file a claim form. During the trial, your lawyer will state your case and then your disputant's lawyer will state theirs.
Evidence is produced and witnesses can be called. The judge weighs up the evidence of both parties and delivers a verdict.
Dispute resolution can be stressful. An experienced property lawyer can help to take the sting out of the process and get you the outcome you deserve.
Are you involved in a property dispute? At Milners Law, we have an experienced team of knowledgeable straight-talking
property solicitors. For a free initial consultation, simply
get in touch.
Pontefract Office
9A High Street
Upton, Pontefract
West Yorkshire
WF9 1HR
Darlington Office
Close Thornton Solicitors
31 Houndgate
Darlington
DL1 5RH
Authorised and regulated by the Solicitors Regulation Authority – Milners, SRA # 52317 | VAT number: 170144301
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Harrogate Office
11A Princes Square
Harrogate
North Yorkshire
HG1 1ND
01423 530 103
Darlington Office
Close Thornton Solicitors
31 Houndgate
Darlington
DL1 5RH
01325 466461
Pontefract Office
9A High Street
Upton, Pontefract
West Yorkshire
WF9 1HR
01977 644 864
Authorised and regulated by the SRA, SRA ID 52317
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