Dispute Resolution

Receiving early expert advice can be critical to ensuring the dispute is settled amicably; before tempers flare and costs escalate. We have an experienced team of dispute resolution lawyers who can advise on the legal position of your boundary, consider the practical aspects of your situation and negotiate a resolution.

We can advise you in respect of residential boundary disputes and commercial property or agricultural land disagreements.

Some of the outcomes include:

• Determine ownership and responsibility for boundary structures such as walls or fences.
• Negotiate a determined boundary with your neighbour for registration at the Land Registry.
• Negotiate compensation for any land lost or property damaged.
• Regain land taken by a neighbour – obtain an injunction to stop your neighbour building or trespassing on your land.
• Obtain ownership of land you have been using for many years by adverse possession.

In the meantime, we recommend the following in advance of obtaining legal advice:

• Remaining pleasant with your neighbour.
• Avoiding heated conflicts and communications, reverting to your legal advisor or surveyor to resolve any technicalities.
• Be willing to explore practical solutions.

Cost for legal services

Before you enquire with us, you should first check whether you have Legal Expense Insurance. This may be part of your home insurance policy, your credit card account or similar. Check with your insurer whether they will provide solicitor services for you under your current circumstances.

Otherwise, Herrington Carmichael would be available to assist on private instructions. Our charges will be largely dependent on the circumstances surrounding the matter. An early settlement might be a possibility in your situation, which will assist in keeping costs at a minimum, and bring about a swift resolution. Please contact us for further information as to our fees and your options.

Our international legal services support our network of clients and referrals worldwide. Herrington Carmichael has a diverse client-base covering multi-national organisations, entrepreneurial businesses and individuals, we regularly provide and coordinate advice on international legal projects across a range of jurisdictions.

Our services include:

• Disputes
• International Business Lawyers
• International Commercial Contract Lawyers
• Immigration Lawyers UK
• Expat Legal Advice
• UK & International Property Lawyers
• International Family Lawyers

Whether you are a landlord, commercial tenant or land owner, our experience covers a range disputes from the complex and high value to the more modest. We represent clients in the courts, property tribunals, adjudication, and 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.

Our approach is tailored to you to provide an effective strategy. We have a dedicated team of Dispute Lawyers with a range of expertise and experience dealing with property disputes.

Property Dispute Expertise:

• Property Disputes
• Construction Disputes
• Land Disputes
• Landlord & Tenant Disputes
• Restrictive Covenants

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.

Are you looking to contest a Will or perhaps you are experiencing a probate or inheritance dispute? Our specialist lawyers can advise you on all types of disputes relating to Wills, Trusts and Estates.

Whether you are an Individual Beneficiary, a Trustee, an Executor or an Administrator, whether you are a Claimant or Defendant, we have experience in acting for you.

We are able to advise you on a wide range of claims, including:

• Disputing the validity of a Will – particularly if you believe the maker of the Will did not have full mental capacity when they made the Will
• If you have been left out of a Will altogether or are to receive much less than you had expected or less than has been left to e.g. your siblings
• If the Executor or Trustee has not acted properly or is accused of not acting properly
• If the Executors/Trustees are not sure how to deal with competing demands of beneficiaries