Property Litigation covers any dispute where the subject of the dispute is, or relates to, property. It is a wide ranging, specialist area and under that umbrella we cover a broad range of contentious work, encompassing all aspects of real property as well as commercial and rural/agricultural property dispute resolution.
Whatever the nature of your property dispute, our specialist property team is here to make the process as stress-free as possible for you.
Jessica Piper Thompson is the Head of Property Litigation for the South West. She is an experienced solicitor specialising in property disputes. Jessica mostly acts for:
- Land Owners
- Property and home owners
- Commercial Landlords and Tenants (please see our For your Business section)
Some examples of the type of work Jessica can assist you with are:
- Claims relating to easements and prescriptive rights (e.g. Rights of Way etc.)
- Advising in relation to covenants affecting land
- Claims for adverse possession
- Trespass and nuisance claims (including squatters)
- Boundary and party wall disputes
- Co-ownership disputes
- Professional negligence claims
- Claims relating to mortgages, charges and charging orders, including possession claims/claims for orders for sale
- Enforcement of lease obligations
- Disputes relating to rural/agricultural property
Our specialist property team works closely with our professional negligence team and regularly assist with claims arising out of surveyors’ and solicitors’ negligence in relation to the property. They also work with our insolvency team to assist with disputes arising out of personal and corporate insolvency proceedings.
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Should you or anyone you know have any queries about the work we do or have any issues with property you own or rent, please feel free to call or email and we will be pleased to help resolve your issue.
The team may be contacted on 0203 551 8500 or you can use our Contact Us form to arrange a callback
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Darryn is an experienced solicitor specialising in property disputes. His experience covers all areas of property litigation and he has also successfully represented a number of landlords at the First-tier Tribunal (Property Chamber) and County Court.
Some examples of the Residential Property Litigation issues Darryn can assist you with are:
- Recovering possession of property
- Rent recovery (including court and tribunal proceedings, and insolvency proceedings)
- Claims for disrepair and other disputes over breaches of covenant
- Service charge disputes, challenges and consultations
- Applications to the First-tier Tribunal (Property Chamber) and the Upper Tribunal
- Recovery of premises from unlawful occupiers/squatters
- Disputes with owners of neighbouring properties over boundaries, easements (e.g. rights of way, rights to park, rights to light, etc.), trespass, nuisance and adverse possession
We Can Help
Should you or anyone you know require any assistance with a Landlord and Tenant dispute please feel free to contact us on 0203 551 8500 or use our Contact Us form to arrange a callback.
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A trust of land is a trust of property which consists of, or includes land.
Types of Trusts
- Express Trusts - are where the legal owner(s) of the property declare that they hold the property on trust for specified beneficiaries. The declaration will also set out the proportions, or ways, in which they are to hold beneficial interest.
- Implied Trusts - are trusts which have not been expressly defined as being a trust in any legal documentation. There are two types of implied trusts:
- Constructive Trust – is an agreement, understanding or promise between 2 parties. There may also be an express agreement or there may not, but in either situation, the Court will look at all the evidence when determining the share of each party.
- Resulting Trust – is when party B, (the person who believe they have a right to a share in the property), has made a direct financial contribution to the purchase of the property, which is solely in party A’s name, (the person who has the sole legal title to the property).
- Constructive Trust – is an agreement, understanding or promise between 2 parties. There may also be an express agreement or there may not, but in either situation, the Court will look at all the evidence when determining the share of each party.
Dispute Applications and Advice
The Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) gives the Courts certain powers to resolve disputes about the ownership of land. There are two main types of applications that you can make under the ToLATA, in order to resolve the following disputes: 1) to decide who is entitled to occupy, 2) to decide the nature and the extent of the ownership.
If you are planning to make an application, you should consider resolving the dispute with ‘Alternative Dispute Resolution’ (ADR) before court proceedings. The two most frequently used methods are mediation and negotiation. Even though ADR is not compulsory, it is heavily encouraged. If court proceedings are issued, the Judge will most likely be interest to see if ADR was tried first.
Court Proceedings
If court proceedings are issued, before they start the claimant is required to summarise the dispute and what they propose the court to do in a letter, called a ‘Pre-Action’ letter. The letter should also identify any documents in which the claimant intends to rely on in support of the proposed claim. The letter should then ben sent to all co-owners, whether they are legal of beneficial owners of the land in dispute.
We Can Help
At MW, our mission is "To make quality legal services accessible to everyone" including those who are in dispute over ownership of land or property.
Our expert property disputes Solicitors know that when you are involved in a dispute it can be a stressful and expensive process. We are here to provide pragmatic and cost effective solutions to end your dispute quickly. Call us today on 020 3551 8500 or use our Contact Us form to arrange a callback
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Dilapidation is the compensation paid by the Tenant(s) to the Landlord at the end of lease if they do not return the property in the condition set out in their lease.
The Landlord cannot expect a property to be returned to them in a ‘new’ condition, therefore, the only conditions the Tenant(s) must meet are the ones specified in the lease. Disputes between Landlords and Tenants often arise as a result.
We Can Help
At MW Solicitors, our Mission is "To make quality legal services accessible to everyone" including Landlords and Tenants. We undertand that when you are involved in a dispute it can be a stressful and potentially expensive process.
Our expert property disputes Solicitors are here to provide pragmatic and cost effective solutions to end your dispute quickly. If you need high quality specialist Property Disputes advice delivered in a timely and cost efficient manner, call us today on 0203 551 8500 or email us at enquiries@mwsolicitors.co.uk
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Squatting is occupying someone else’s property without their permission.
Is Squatting a Crime?
Squatting in a residential property is a criminal offence when the following applies:
- The squatter has entered the property without the owners permission (trespassing)
- The squatter must have known that they were trespassing, and
- They must live, or intend to live, in the property for any period of time.
The offence does not apply to legitimate tenants who fall behind on payments, or refuse to leave at the end of their tenancy agreement, even if they leave and then re-enter the property.
The first step to evicting a squatter is to apply for a Court Order. If the trespasser disputes the owner’s entitlement to recover possession of the property, a hearing will take place in front of a Judge.
We Can Help
At MW, our mission is "To make quality legal services accessible to everyone" including property owners who need help evicting squatters from their properties. Our expert property disputes Solicitors know that when you are involved in a dispute it can be a stressful and expensive process. We are here to provide pragmatic and cost effective solutions to end your dispute quickly.
Call us today on 020 3551 8500 or use our Contact Us form to arrange a callback
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