Residential & Commercial Property Disputes
Britain is a nation of homeowners, and the idea of ‘my house, my castle’ is deeply ingrained.
It’s no surprise that disputes over boundaries and party walls can quickly escalate.
In the commercial property sector, where financial stakes can be substantial, resolving disputes swiftly is crucial to ensure profits and rents remain unaffected. Our specialist Property Disputes Solicitors are highly experienced in handling all types of property-related disagreements and will provide you with the advice and representation you need to achieve your desired outcome.
From our offices in Nuneaton city centre, we are a diverse, multi-lingual law firm. Our solicitors use advanced technology to provide clients with streamlined, modern, and highly effective property dispute advice and representation. Our many years of experience mean we have a strong reputation for excellence with the UK’s top Barristers and King’s Counsel, Local Authorities, Industry Experts, Insolvency Professionals, Valuers, and Surveyors who can support our Property Disputes Department when needed. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Common Questions About Residential and Commercial Property Disputes
For matters relating to commercial property disputes such as forfeiture, dilapidations, and break clauses, please visit our Commercial Property section.
My Adjoining Neighbour Has Damaged My Property Whilst Carrying Out Construction Works – Can I Claim Compensation?
Under the Party Wall Act 1996, a building owner must provide notice to all adjoining owners if they plan to undertake construction work unless they have obtained the adjoining owner’s prior written consent.
A Party Wall Agreement should include:
- The scale and method of the proposed works
- A ‘Schedule of Condition’ which documents (including photographs) the condition of the adjoining properties before work starts
- Details of what will be created by the works (including architectural drawings)
If an adjoining owner disagrees with the proposed works, parties can refer to the dispute resolution process set out in the Party Wall Act 1996.
If your property has been damaged by the works, the property owner undertaking the works will generally need to compensate you for the repairs. However, if the work involved repairing an existing party wall or party fence wall that was in disrepair, the owner carrying out the restoration usually will not be liable for any damage.
Party wall disputes can be highly complex. If you cannot resolve the issue by talking informally with your neighbour (which is usually the first step), contact us as soon as possible. We will advise you on your rights and work to resolve the dispute while aiming to maintain good relations between all parties.
What Is Defined as a ‘Private Nuisance’ in Property Law?
A private nuisance is a violation of another’s property rights. The Courts have categorised private nuisance into three types:
- Encroachment on a neighbour’s land
- Direct physical injury to a neighbour’s land
- Interference with a neighbour’s quiet enjoyment of their land
The rule of Rylands v Fletcher, the famous case which sets out the law for private nuisance, states:
“A person who, for his own purposes, brought on his land and collected and kept there anything likely to do mischief if it escaped, had to keep it in at his peril; and if he did not do so, he was prima facie answerable for all the damage which was the natural consequence of its escape.”
An example of a private nuisance is where a property owner allows Japanese Knotweed to spread onto an adjoining property.
For a claim to be brought, the nuisance must be:
- Substantial or unreasonable
- Arise from a single incident or a “state of affairs”
The nuisance can result from an act or omission.
How Do I Remove a Squatter?
A squatter is someone who enters a vacant property they do not own with the intention of living there. This constitutes trespassing.
Never attempt to remove a squatter by force – you could endanger yourself and face criminal charges for assault or battery.
If you discover someone squatting on your land, contact the police.
While squatting in a residential property is a criminal offence, a squatter in a commercial building is not breaking the law (thus, commercial landlords are more likely to encounter squatters as they often avoid private homes).
To remove a squatter, we can apply to the Court for an Interim Possession Order (IPO) if it has been no more than 28 days since you discovered the squatter. If it has been more than 28 days, you will need to apply for an ordinary claim for possession of the property.
Why Choose Us?
Cocks Lloyd Solicitors provides exceptional Residential & Commercial Property Disputes and Civil Litigation services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.
To receive expert advice and representation regarding Residential & Commercial Property Disputes and Civil Litigation, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.