Property & Land Disputes
Our team of Property Dispute lawyers are very experienced in a range of property & land disputes, both commercially and for residential.
Property Dispute Lawyers
We advise on a wide range of property disputes acting for landlords, tenants, developers, property investors, landowners, neighbours, professional advisors and other individuals. Our expertise in all forms of dispute resolution makes us well placed to advise on complex and high value cases to the more modest claims.
We represent clients in the courts, property tribunals, in adjudication and use alternative dispute resolution procedures, including mediation, to resolve disputes. We understand your concerns to avoid the expense and distraction that disputes can bring and we will work with you to find a solution to your problem.
We can assist you with all types of property & land related disputes including the below:
- Commercial landlord & tenant disputes
- Residential landlord & tenant disputes
- Disputes concerning overage and option agreements
- Title and boundary disputes
- Issues relating to easements, rights of way and other impediments to land development
- Disputes regarding access and services to and from development sites
- Professional negligence claims against professionals throughout the strategic land acquisition and development processes
- Party wall disputes
- Construction disputes – loss and delay
- Restrictive covenants
- Adverse possession claims
Commercial Landlord & Tenant Disputes
Our lawyers are assertive litigators and experienced negotiators. We can advise you of your options to achieve a resolution of your property dispute which may include Court proceedings, arbitration, mediation and other dispute resolution alternatives.
Dealing with tenants of business premises in financial difficulties may need a more creative solution than simply forfeiting the lease and finding a new tenant. If your tenant has gone bust – check the lease. If they were not the original tenant, but took an assignment from your original tenant you may be able to go back to the original tenant and recover the rent from them instead.
Residential Landlord & Tenants Disputes
Our lawyers are assertive litigators and experienced negotiators. We can advise you of your options to achieve a resolution of your property dispute which may include Court proceedings, arbitration, mediation and other dispute resolution alternatives.
Residential Landlord and Tenant
We specialise in acting for Landlords and Managing Agents with significant property portfolios as well as representing Landlords and Tenants of larger residential properties.
It is important that as a landlord you comply with the legislation when managing your property so as to avoid claims being made against you.
Examples of possible disputes between landlords and tenants are:
- Tenants have stopped paying their rent.
- Damage to the property or disruptive behaviour.
- Dispute with the letting agents.
- Tenant eviction.
- Service charge and insurance claims.
We can assist you in giving practical advice on how to manage your relationship with your tenant or landlord, prepare the documentation you need and ensure that if court proceedings become necessary they are handled in a cost effective and time efficient manner.
We do not advise:
- Tenants on Housing Law
- publicly funded Legal Help / Legal Assistance scheme (Legal Aid). If you are in receipt of benefits or think you may qualify for the scheme it may assist you to make enquiries of your local Citizens Advice Bureau or a firm offering Legal Aid advice.
Construction Disputes
Disputes frequently arise in construction projects and can be difficult and costly to navigate. Successfully resolving or avoiding disputes is crucial to concluding projects on time and within budget.
We act for Housebuilders, Landowners, main contractors, sub-contractors, funders and professional advisors on all types of disputes and disagreements arising out of the construction and building industry.
Whether you require an early assessment of your construction contract, to advise you on the merits of any potential claim or if you are on the receiving end of a construction claim, our experts will tailor their approach to suit your needs and aims.
Land Disputes
We advise on a wide range of land disputes acting for developers, property investors, landowners, tenants, neighbours, professional advisors and other individuals. Our expertise in all forms of Dispute Resolution makes us well placed to advise on complex and high value cases to the more modest claims.
Our lawyers are assertive litigators and experienced negotiators. We can advise you of your options to achieve a resolution of your property dispute which may include Court proceedings, arbitration, mediation and other dispute resolution alternatives.
Commercial Land Dipsutes
Commercial Land Owners can face the same sort of problems as residential land owners, but the scale can be bigger and the impact on the business greater. If you own and operate from a commercial building or your business includes the use of extensive land acreage, e.g. garden nursery, golf course, etc. you may well face problems in the following areas:
- New development on neighbouring land affects your drainage, access to light, or “nibbles away” at your boundary.
- Refurbishment work or an extensive refit of the building next door creates lots of noise, dust and their materials get dumped on your car park or access routes without permission causing disruption to your business.
- Your business has been in place for years but your new neighbours are complaining about your lorries coming and going at all hours, odours and noise from your manufacturing process or entertainment business and demanding you make extensive changes.
- You have co-existed very happily with your neighbouring business for many years on an understanding or “Gentlemen’s Agreement” about the use of the car park and access arrangements. That business has changed hands and the new owners are refusing to recognise that agreement or cooperate in coming to an acceptable compromise.
Restrictive Covenants
We advise land owners, developers, home owners, tenants, professional advisors and other persons upon all property and land related disputes including in relation to restrictive covenants and other rights over land.
Our lawyers are assertive litigators and experienced negotiators. We can advise you of your options to achieve a resolution of your property dispute which may include Court proceedings, arbitration, mediation and other dispute resolution alternatives.
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Herrington Carmichael has once again been named in the Times Best Law Firms. We were first listed in 2023 and have once again made the Best Law Firms list for 2024.
