Struggling with a property dispute?
There are many different types of disputes relating to property. Disputes between a landlord and tenant make up a significant proportion of them and include disagreements concerning possession, rent arrears, and service charges and provisions in leases). Neighbour disputes – such as those regarding boundaries, restrictive covenants and trespass – are also common.
Property law is renowned for being complex, which is why it is important to seek the advice of a legal professional who is experienced in this area of law.
Know your rights
There are a number of legal documents relating to your property that outline the details of your your rights and obligations. These documents include:
- tenancy agreement
- transfer of title
- other documents held by the Land Registry
Your lawyer will need to consider all of the documentation in order to determine whether or not there has been a breach of any of those rights and obligations. They will then advise whether or not you have a valid complaint (also known as a ‘cause of action’) and, if so, against whom that should be made. They could be your landlord, your tenant or a neighbour for example, and if you decide to progress with the claim, will then be known as the ‘defendant’.
Gathering the evidence
In order to prove your case, your lawyer will need to investigate the claim and gather the relevant evidence. Often, such evidence can take the form of testimony for lay witnesses who will simply state facts (for example, the nature and frequency of trespass upon your land).
However, property cases will often require the involvement of expert witnesses who will give their opinion on an issue in the case (for example, the location of a boundary). Such experts can include various professionals including surveyors, builders and environmental experts.