Property and Boundary Disputes

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Protecting your most important asset requires expert help, whether it’s your home or your investment portfolio. When a dispute arises between neighbouring land owners over ownership or possession, rights of way, access, or even the wording on key documents, it’s important that you have a team with specialist help on hand to help you navigate your way through such a situation.

Arguments over a right of way or access, someone claiming land that does not belong to them on paper, or returning from a holiday to find your fence has been moved; are just some of the property and boundary disputes which can escalate into full blown litigation cases. Litigation cases can cost thousands of pounds and cause a huge amount of stress if not managed carefully by specialists.

Our aim is always to defuse disputes at an early stage and with the minimum of expense, typically at a mediation.

What we can help with

  • Boundary disputes
  • Ownership disagreements
  • Removal of squatters
  • Advice on issues caused by development works or extensions including party wall matters
  • Agricultural tenancies
  • Help with disputes over hedges, fences and other garden objects
  • Adverse possession claims
  • Agreements of previous owners
  • Assessments of land registry plans
  • Advice on title deeds, title register and title plan, so that you know what your rights are
  • Managing correspondence and communication 
  • Help with bringing a claim, mapping, witness testimony and background reports
  • Creating boundary agreements
  • Town and village green applications
  • Rights to light claims

How we have helped clients

  • Obtained judgment in favour of our client who we had help counterclaim against a boundary dispute. Judgment finally awarded at trial with costs awarded in favour of our client.
  • Emergency injunction obtained to stop neighbour from installing fence along a shared driveway. Successfully applied to strike out the defence at the first case management hearing as it disclosed no real grounds for bringing or defending the claim. Costs awarded to our client.
  • Adverse possession claim for a large parcel of unregistered land that our client had occupied exclusively for over 20 years. Lengthy Tribunal proceedings ensued where various challenges by the executors of legal title’s estate over implied consent to be in occupation and whether client had been in exclusive occupation.
  • Settled disputes between family members where one party had contributed to the deposit of the property, maintenance or upkeep and no formal agreement had previously been reached as to how the property should be shared between them.
  • Multi-party right of way dispute which involved a land locked property in the Isle of Wight. Settlement reached at round table meeting between four sets of solicitors.
  • Urgent application to remove trespassers from a public green in Romsey and later a second area after the persons unknown sought to trespass again after first obtaining possession.
  • Settled right of way dispute without commencing proceedings between three sets of neighbours, two of which had built extensions over the right of way.
  • Resolved a complicated long-standing restrictive covenant dispute between the original builder of bungalows and their new owners who wanted to undertake (and in some cases had started) building works that breached the covenant.

How we’ve helped our clients

“I worked with Lucy on a difficult dispute with a neighbour. She was consistently helpful, quick to respond, and clear with her detailed advice both when it was good news and bad. She was also constructively pragmatic, and pleasant at all times. Ultimately the matter was resolved satisfactorily without the expense of a court hearing. Overall, it was a very professional and highly satisfactory experience.”

Name withheld

“Nicola helped to lay out the appropriate steps we needed to take and guided us through these. She provided us with a detailed background of the case law surrounding our situation which helped us understand our position. This clarity helped give us the confidence to make the right decisions.”

1520 Management Company Ltd

“Circumstances led us to a legal dispute, which for us, was unfamiliar and frightening. From the start Rachel was a tonic. She avidly listened, scrutinised our position and then gave us options for our best route forward. She always met us where we were, which felt important. We felt confident in her commitment throughout working with her. In a few words Rachel is professional, diligent and friendly. We felt lucky to have worked with Rachel. ”

Name withheld

“Nicola Davies is personable with a sympathetic manner. She has good communication skills. She can identify the essential elements of a case and present them appropriately to other parties and, if necessary, to the court. Nicola is level-headed and persistent. With wide experience of legal proceedings, she knows how to adapt to changing circumstances. Altogether, she conveys confidence and competence.”

Private Client

Legal 500 Directory 2021

Paris Smith has developed a reputation in commercial and residential conveyancing, acting for clients across multiple sectors including investors, developers, business tenants and residential landlords. The team also has significant experience in representing developer clients in property contract disputes. David Eminton leads the practice and has increasingly been involved in high-value dilapidation claims, while Cliff Morris has particular expertise in boundary and right of way disputes and housing repossession claims. Clients say the team are “quick to respond, professional, have a good depth of knowledge“. Another states “the firms level of expertise is unique compared to other law firms, as there is always someone who can assist with any legal issue. Staff are also aware of their colleagues level of expertise and are able to refer matters to the correct person if they do not have a particular type of legal knowledge“, and another say they are a “high-quality technical disputes team, but local to its area. Mixes solidity of legal practitioners, good atmosphere, fine juniors and trainees and excellent contacts in the industry. The backroom is very good. Effective admin. Everything you need without going to London”

Introducing your key contacts

David Eminton
Partner – Head of Dispute Resolution

Contact

Nicola Davies
Associate – Property Litigation

Contact

KEY CONTACTS
BLOGS

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