Property litigation

Property litigation is the area of law dealing with property related disputes. These disputes may relate to residential property or commercial property (which is used for business or office purposes).

Property litigation often involves complex areas of law and it is essential to seek commercial and correct advice from a property litigation solicitor at the earliest opportunity should a dispute arise. Court proceedings can be expensive and time-consuming and an effective property litigation solicitor may be able to help you obtain a resolution or achieve your objectives without the need for court proceedings.

Dispute resolution such as mediation can prove cheaper and less stressful.

The following are examples of disputes that arise often in the context of property litigation:

  • Disputes over consent to subletting or assigning a property or where a proposed change of use is opposed
  • There may be breaches of a covenant to repair a building in the lease.  The landlord may serve what is known as "schedule of dilapidations" requiring the breach to be remedied within a certain time frame
  • Recovery of land/premises from unlawful squatters
  • Disputes relating to access to the property/ rights of way
  • Commercial rent and service charge recovery
  • Lease surrender negotiations (bringing the lease to an end)
  • Applications to forfeit the lease (an application made by the landlord to recover possession of the property often where the tenant has been in persistent breach of covenant)

Property litigation law attempts to strike a balance between the interests of both parties. If you find yourself subject to such a dispute, there is legal protection and various remedies available.

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