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No one likes disputes. At best they are a worrying distraction and at worst they be extremely costly. When a dispute seems unavoidable it is best to seek expert advice before positions become entrenched and relationships break down completely.
It is generally preferable to resolve disputes without going to court. Court cases can be costly, stressful and time-consuming and settling the case before it gets to that stage, through negotiation and mediation is our objective.
We aim to resolve your dispute by pursuing the most cost-effective and satisfactory solution.
We advise on:
- Contractual disputes
- Construction disputes, including adjudication
- Probate and estate disputes
- Boundary disputes
- Property Disputes
- Residential landlord and tenant – eviction of tenants, recovery of rent arrears
Contracts are a daily part of life. They are entered into as second nature in all aspects of your daily routine, from purchasing your coffee or buying a train ticket to purchasing commercial goods/services. Usually these transactions complete without a hitch, but on the occasion that you do encounter a problem, our team is on hand to advise on the best way to try to resolve the issue as quickly and as cheaply as possible.
Sometimes, disputes in the construction world are unavoidable – missed deadlines, faulty work and, delay in work progression can all give rise to disputes. We can provide tailored advice to all areas of the construction sector to assist with your issue, endeavouring to get the best outcome through a multitude of methods, be it court proceedings, adjudication or mediation.
Probate and estates disputes
In general, you are free to decide what you want to leave to whom on your death. It is a sad fact of life that disputes can arise within families after the death of a loved one, especially where no will was left or certain family members are unhappy with the terms of the will. We can advise on whether there is any basis on which a will can be challenged or whether the legal formalities have not been complied with. We can also advise on whether there may be a claim under the Inheritance (Provision for Family and Dependents Act) 1975 where a will or intestacy do not make reasonable financial provision for certain family members or someone who had been financially maintained by the deceased prior to their death.
Sadly, the precise extent of the land that you own may not be clear from the title documentation for your property. Land Registry title plans only show the general and not the precise line of the boundary. A boundary feature can be a fence, wall, hedge, ditch or even just a piece of wire or the edge of a driveway. Boundary disputes can be complex requiring historical research to investigate the evolution of physical features from when the boundary was created. We are able to advise landowners in connection with the principles that determine boundaries and deal with surveyors familiar with plotting the position of boundaries at ground level.
– Separate to issues relating to the boundaries of your property we also advise on:-
a. The benefit and burden of rights known as easements (such as right of way) and the interference of those rights;
b. Covenants that may benefit or burden your property and the implementation or enforcement of them;
c. Whether anything you or your neighbour do upon your or their land does or may amount to a private nuisance;
d. Rights as between co-owners of a property;
e. Rights as between the sole owner or property and occupiers who may be in a position to argue that they have a “beneficial interest in the property”
f. Access to your neighbour’s property for the purpose of maintaining your property;
g. Adverse possession by you over someone else’s property or the adverse possession of your property and its implications.
Residential Landlord and Tenant
As a landlord, ensuring that you comply with all of the formalities required to validly give notice to quit to your tenants can be a minefield, with numerous ways in which notices can unwittingly be rendered invalid. We can advise landlords on the steps that they need to take to give valid notice to tenants requiring them to leave rented accommodation, and deal with applying to the court for a possession order and/or an order for payment of arrears of rent if tenants do not leave voluntarily at the end of the notice period.