Property Dispute Resolution

These are rights other people have to cross your land. A covenant will be attached to the title of your land, so an examination of the title deeds should show if a covenant exists and whether it will still be valid. Not all covenants last throughout time; some are limited, for example a covenant that can only be enforced by the person who created it. It is common for a person who divides a plot and sells part of it for development to place quite strict covenants on what the owner of the land that is sold can do with the land. Many such covenants are only effective as long as the original owner still owns their property, and then lapse.

Easements and rights of way may be specific to a person or persons, or they may apply to the public at large. They can arise through use over time as well as from legal documents. Public rights of way are particularly common in rural areas.

A right of access over land can also be built up over time, by use.

Utilities companies and (where it is necessary in order to do work on their property) a next-door neighbour have a limited legal right to cross your land. You also have the right to access your neighbour’s land if this is necessary to carry out repairs to your property. In both cases, the owner’s property must be left as it was found and any damage repaired. A neighbour’s right of access for this purpose is permitted under the Access to Neighbouring Land Act 1992.

Rights of access may also be specifically set out in the deeds to a property. One example, which can be a common source of argument, is where there is a shared driveway. One recent case ended up in court when two neighbours who shared a common drive took different views on whether the gate to the drive should be padlocked at night.

These sorts of issues are what lawyers call ‘nuisances’. The law is quite complex, but the key to a satisfactory conclusion is to ascertain your legal rights early on and to enforce them. The right to light can be acquired by the passing of time alone. Issues relating to a loss of amenity, such as a view, are more involved.

The earlier legal advice is taken the better.

More commonly, though, actions such as the building of a high wall, planting of Leylandii or the construction of a building extension which ‘takes the light’ from a next-door property are the cause of a dispute. There are specific laws to deal with the former problem but where the loss of amenity is due to an extension, it is normally best to oppose this at the planning application stage.

Squatting in residential property is a criminal offence, which can lead to imprisonment and/or a substantial fine. Squatting in non-residential property is not a criminal offence, but damaging another person’s property is.

If persuasion does not work, a court order may be necessary. This will require the squatters to leave your property within 24 hours or face arrest and a possible prison sentence.

Squatters’ rights (called ‘adverse possession’) can arise when a person occupies a property as if it is their own for a lengthy period of time without the owner of the property taking steps to prevent it. Where the land in question is registered, the law no allows a squatter to apply for the legal title to the land to be passed to them after 10 years’ occupation. In practice, the procedure has sufficient safeguards to make the prevention of the loss of your property relatively straightforward. As is often the case in disputes of this kind, speed is of the essence. We advise you to contact us as soon as you receive such a notice so that the correct legal steps can be taken.

A client of ours who owns a flat shares the entrance with the upstairs flat and was surprised to find that the owner claimed that the entrance to the flats was their property…and then started making demands over the use our tenant could make of the entrance.

The area was shown on our client’s plan as a common area and there was no mention in their lease that their right over the area was limited to an ‘easement’ (a right of access over land) applying with regard to the entrance. The documents of title at the Land Registry were unclear as to the boundary.

To avoid a costly legal fight, we advised our client to tell the upstairs flat owner that they intended to register a ‘caution’ over the upstairs owner’s title, thus placing a warning on file that there was a potential dispute. As the owner of the upstairs flat was contemplating selling their property in the near future and wished to avoid the complications that a caution could cause, a speedy resolution was achieved.