Property Litigation

Neighbour disputes

We understand how stressful it can be to be in a dispute with your neighbour. Whether you’re involved in a boundary, party wall, right to light, antisocial behaviour, blocked access, noise, nuisance, trespass, or privacy dispute, our experts are here to help.

We’ll make sure you understand your options clearly and help you to move forward with positive steps to resolve your dispute so you can enjoy your property to the fullest.

We’ll always try and avoid court action where possible, to save you costs and stress.

If you’ve already tried resolving your dispute by contacting your neighbour’s landlord (if they’re a tenant), mediations, or contacting the council or police, it may be time to seek legal advice. Get in touch today to discuss your options.

Click here to read more about neighbour disputes.

Adverse possession claims

Adverse possession happens when somebody claims a piece of land as their own, typically after being in continuous possession of it for a certain amount of time. It occurs most commonly when there’s a piece of unregistered land within the boundary of a property, or somebody looks after a seemingly abandoned piece of land. 

There are a few key elements to adverse possession, including:

• Continuous possession (consistent, uninterrupted control of the land)
• Open and notorious (not concealing the possession of the land, giving the true owner reasonable notice to protect their property)
• Possession adverse to the true owner (the person using the land doesn’t have the true owner’s permission to be on it)
• Exclusive possession (the control of the land isn’t shared with others)
• Possession must continue for a statutory period (currently 12 years)

This area of law can quickly become complex. Setfords’ property litigation solicitors can assist you with adverse possession claims, whether you’re the legal owner of the land or claiming adverse possession. Please get in touch today to discuss your requirements.

Restrictive covenant disputes

Restrictive covenants are common on a property. In simple terms, they’re contractual terms that put limits on how you can use or develop land. Local authorities, developers, or previous owners can all impose restrictive covenants.

Some common ones include limiting the height or type of buildings that can be built on the land, preventing certain types of business activities, or requiring the property to be maintained to a certain standard. 

Disputes can arise when there is a disagreement about whether a particular use or development of land or property complies with the restrictive covenants. If you think you may have breached a restrictive covenant, are considering doing so, or are in a dispute, you should consult a lawyer as soon as possible to explore your options. Please get in touch to find out more.

Property development projects

Claims in respect of property development projects can arise in a number of circumstances, such as:

• Breach of contract – when one party fails to fulfil their obligations, for example delays in completion, defective workmanship, or failure to deliver to specifications
• Professional negligence
• Payment disputes
• Claims by homeowners against builders for defective construction 
• Non-compliance with planning regulations
• Insurance disputes
• Environmental claims 

Whether you are a developer, builder, or homeowner, our solicitors can assist with property development claims. Get in touch to discuss your matter with one of our experts who can provide the advice and guidance you need.

Claims against property professionals

Unfortunately, professional negligence can happen in the property industry, but you may be able to make a claim. Our property dispute solicitors can help you with claims against professionals such as estate agents, solicitors, builders, and surveyors to get compensation where you have suffered financial loss or damage. Get in touch to find out more.

Learn more about professional negligence by clicking here.

Possession claims

Setfords’ property litigation solicitors can assist both landlords and tenants with possession claims.

As a tenant, facing an eviction can be hugely stressful. If you don’t believe your landlord has legal grounds to take back possession of the property, we are here to help. Get in touch for guidance on your specific situation.

For landlords, you often have the right to take back possession of your property; however, you may need a court order to do so. We will advise you on the next steps based on your circumstances and ensure you’re acting fairly and within the law.

Rights of way, prescriptive rights, and easements

Rights of way, prescriptive rights, and easements all refer to the right to use someone else’s land. A right of way refers to the legal right to travel or pass over land. A prescriptive right is the right to use or travel over the land, gained through long-term, uninterrupted use of it. An easement is a right to use the land for a specific purpose.

Express easements are those expressly granted by the landowner. On the other hand, you can also gain ‘implied rights by prescription’ – the right to use the land through prolonged use without interruption. For advice and guidance on this topic, our property dispute lawyers can help. Please get in touch today.

Ransom strips

Disputes over ransom strips occur when land is sold or developed, but a neighbouring owner refuses to sell or grant a necessary easement, halting the sale or development.

If you’re facing a ransom strip situation on either side, you should seek legal advice to help you assess your options and resolve the situation with your neighbouring landowner.