Property Disputes

At Samuels Solicitors LLP we have a great deal of experience in dealing with a wide range of property disputes. Disputes about your property can arise for all sorts of different reasons.

Neighbour disputes

Dispute between neighbours are very common and there can be all sorts of causes. Typical disputes include:

• disagreements about where the boundaries between your properties are;
• disputes about rights of way;
• disputes about who should pay for repairs and maintenance; and
• claims for trespass.

In these circumstances it is important to get expert advice as quickly as possible to stop the problems escalating.

Building & Construction Disputes

When building work is carried out, it can be a flash point for disputes to arise, particularly if the work is carried out to a poor standard. Examples of claims relating to building disputes are:

• work being carried out to a poor standard;
• builders failing to finish work at your property;
• overcharging for work carried out, in excess of quotes provided;
• damage being caused to your property as a result of the building work;
• problems arising with your Local Authority because of the building work at your property; and
• neighbouring buildings being damaged by your builders

In any of these cases, you may be able to bring a claim for compensation.

This is a niche area of law, and expert evidence will be required at an early stage to preserve your right to bring a claim at the same time as enabling you to put the problems right. We have access to a wide network of experts in this area who can assist.

Ground Rent Claims

Ground rent is the annual sum owners of leasehold property pay to the freeholder. There has been a trend in recent years for houses on newly built estates to be sold as leasehold properties and in some cases, the freeholds have been sold to investment companies.

Many people living in leasehold properties where ground rents are payable, have been forced to pay incredibly high sums to the freeholder. Claims for compensation are being brought where annual ground rents are subject to unfair inflation clauses. Some residents of leasehold properties can find the increases so high, that their properties can no longer be mortgaged or sold. In these circumstances, you may well have a claim against your conveyancing solicitors for failing to advise you about the problems which could arise in the future. This is a specialist area that we have been working in for some years.

TOLATA Claims

These types of claims are brought under the Trusts of Land and Appointment of Trustees Act 1996.

Disputes about jointly held property, also known as “TOLATA disputes” arise if two or more people own a property jointly and there is a disagreement about what to do with it. The disagreements can involve planning applications, whether a property should be developed, or more usually, whether or not a property ought to be sold.

We are experts at dealing with this type of case and have assisted many clients over the years.

Intervener Proceedings

Intervener proceedings generally arise in the course of divorces. Typically, a parent of one of the divorcing couple, may have contributed towards the purchase price of the matrimonial home.

The parent in those circumstances can take steps to protect their investment in the property, without it being part of the financial settlement between the couple.

We are experts in dealing with this type of claim which we will be happy to discuss with you.

Landlord & Tenant Disputes

Disputes between landlords and tenants are very common and we have many years of experience dealing with disputes of this type. We deal with both residential and commercial landlord and tenant disputes. Examples of the types of case that we deal with are:

• disputes about rent increases;
• evictions;
• disagreements about the terms of leases;
• disputes about damage, repairs and maintenance; and
• disputes between tenants in the same block.

There are very specific rules governing the ways in which landlords are allowed to deal with their tenants, and expert advice is generally required. If we can help you in relation to these issues, you should not hesitate to contact us.

Planning

Planning issues are very common and disputes between property owners and your local authority can arise for numerous reasons. We can help you in the following circumstances:

• dealing with enforcement notices;
• applying for certificates of lawfulness for existing uses or structures;
• implementation and interpretation of section 106 agreements;
• drafting objections to planning applications; and
• involvement in public enquiries.

Some of the notices served by local authorities require swift action and so if you have a dispute about the planning at your property, you should contact as urgently.