A property dispute is a disagreement between two or more parties, over a commercial or domestic property. There are various reasons for property disputes, but some of the most common reasons include:

• • Boundary disputes: This is when there are disagreements about where the property line falls. This type of dispute is usually between neighbours but it can be between you and the council.

• Breach of contract: This type of dispute is more common between landlords and tenants. It can be instigated by either party. A landlord might instigate a dispute if the tenant is failing to pay their rent on the agreed date each month, or, a tenant might raise a dispute if the landlord is neglecting their contractual responsibility to ensure fire safety in the property.

• Co-owner dispute: This is when two or more parties, who own the property, disagree on something. This is often between unmarried couples who have purchased the property together and have then separated.

What Type of Solicitor Deals With Property Disputes?

A property litigation and dispute lawyer is who you should work with if you have any property disputes. They have deep knowledge of the real estate market, and they can guide you through disruptive dispute issues.

Usually, the solicitor will encourage you to try and settle the dispute outside of court as this can be the most financially beneficial decision. However, if litigation does become needed, they will represent you in court, aiming to reach a resolution you are happy with.

FAQs About Property Disputes

Can I sell a property in dispute?

You can sell a property in dispute but it is usually more complicated. You need to declare the dispute before the property is sold, which can put some buyers off. This might also have an impact on the price you can sell the property for.

Wherever possible, you should try to resolve the dispute before you put the property up for sale.

How are property disputes solved?

There are several ways to resolve property disputes:

Mediation: A neutral third party helps communication between the involved parties, aiming to reach an agreement out of court.

Arbitration: A neutral, third party acts as a private judge and makes a legally binding resolution decision. This is usually the best approach for commercial disputes.

Litigation: A court of law is involved to resolve the dispute, this could be in county court or high court.

Private negotiation: Both parties come to an out-of-court, mutual agreement.

Can a house be sold if there is a boundary dispute?

Yes, you can sell a house with an ongoing boundary dispute. But it can be trickier to sell it and you might not achieve as much for your property. So, it is always best to resolve any disputes before you put your property up for sale.

If you need expert help with property disputes, get in touch with our team of commercial and property lawyers.