Real Land Disputes

Boundary Disputes

Advising landowners on boundary disagreements, including title interpretation, plans, and negotiated or litigated outcomes.

We will check the relevant titles and historic documents where available, liaise with specialist boundary surveyors to advise you on your rights and options and make the necessary Land Registry applications.

Good evidence is key, and we will advise you on what this means.  We will advise you on the cost-effectiveness of litigation compared with a negotiated settlement, so that you can make the right choice for you.

Overage and Option Agreements

Advising on disputes and issues arising from overage provisions and option agreements linked to land and development.  We can exercise these rights for you, validly to avoid disputes.   We will review the relevant agreements and background documents to establish your rights and obligations, identify trigger events and assess your exposure or entitlement.  If a dispute arises, we can advise and negotiate as appropriate,  including through court proceedings. Our focus is on ensuring that these arrangements operate as intended and that value is properly protected or recovered.

Rights of Way and Easements

Acting in disputes involving rights of way, access, drainage, light and other easements, interference with such rights, enforcement and claims for new rights.  We deal with every aspect of these issues, from simply advising you on your legal status, through to issuing court proceedings to protect or enforce your rights.    We also use alternative dispute resolution, such as mediation, where appropriate, as it often leads to better, quicker results.

Development-Related Disputes

Acting for developers and landowners in disputes arising from development agreements, overage provisions and land use constraints. We have acted for numerous clients who need advice on such agreements, particularly when the long stop dates are well into the future.    Circumstances may have changed, and we have extensive experience in dealing with clients who may have found themselves in situations where the agreement no longer works for them.   We focus on identifying practical solutions where possible.

Restrictive Covenant Disputes

Advising on the interpretation, enforceability and modification of restrictive covenants affecting land use and development.  These will usually appear on title documents and may impede or enhance your property’s value.    We can advise you on whether these can be enforced, removed or modified and take the appropriate steps for you.

Adverse Possession Claims

Advising on claims to acquire or defend title to and possession of land based on long-term unauthorised occupation.  We can advise and act for you in Land Registry applications and appear at the Lands Tribunal if the matter is contested.    We will advise you on evidence and strategy so that you can use the best route for your situation.

Trespass and Nuisance Claims

Supporting clients in claims involving unlawful use or occupation of land (trespass) and preventing further incidents.    Dealing with nuisance claims, both statutory and in common law.   These issues can arise in both commercial and residential property contexts and we can advise quickly to avoid escalation.    We can issue injunctive proceedings where necessary to protect your rights.