Resolving complex property disputes with specialist legal services
Our team of legal professionals specialise in resolving a wide range of commercial and residential property and housing management disputes, providing you with the expert support you need to work within complex legal landscapes. We understand that these disputes can be stressful and disruptive, and we are committed to delivering effective and efficient solutions tailored to your unique situation
Our team boasts extensive expertise in handling a wide variety of complex high-value property disputes. Whether you are facing issues related to landlord-tenant disagreements, land disputes, lease renewals, or property development conflicts, we have the knowledge and experience to assist you. Our comprehensive understanding of property and landlord and tenant law ensures that we can address your concerns with precision and insight.
We have a proven track record of successfully representing clients in the High Court, County Court, property tribunals and in the arbitration process. Our lawyers are skilled in both litigation and alternative dispute resolution methods, enabling us to choose the most appropriate approach for your case. Our experience in these settings means we can direct the legal process, advocating for your best interests every step of the way as a trusted advisor.
Our team brings a wealth of knowledge and expertise in all aspects of housing management too. We understand the complexities and challenges you face as a landlord and are here to provide practical and effective solutions. From succession planning and disrepair to tenancy enforcement, nuisance behaviour, and criminal activity, we help you proactively handle any housing management issue.
We serve a diverse range of clients across various sectors, including housing associations, local authorities, investor landlords, arms-length management organisations (ALMOs), education, retail, energy and telecommunications. Our diverse client base has enabled us to fully appreciate the complexities and understand the unique needs and regulatory environments in which you operate.
Vanessa Joll
Partner
Specialising in property disputes law
Tailored legal solutions
Every dispute is unique, and we believe in providing personalised legal solutions. Our approach involves an in-depth consultation so we can understand your specific circumstances and goals. We work with you in developing a customised strategy to resolve your dispute efficiently and effectively and keeping you informed and involved throughout the legal process.
Putting you and your needs first
We are focused on your needs and put you first. Our team works closely with you, keeping you informed and involved every step of the way, so you always know what’s happening and feel confident in how your case is being handled.
Resolving disputes quickly
We focus on resolving property disputes quickly and effectively, so you can move forward without unnecessary delays or stress.
Why choose Shakespeare Martineau?
- Our team offer prompt and professional service, whether through in-person meetings or virtual consultations, you can trust that our advice will be timely and professional, helping you feel confident in your legal matters, every step of the way
- We provide advice that is not only pragmatic and quick but also easy to understand. Every lawyer in our firm is approachable, helpful, and committed to offering reliable legal solutions, making the process straightforward for clients
- Our clear and easily understandable approach has kept clients coming back for years, knowing they can depend on us for comprehensive legal support time and time again
- Our clients regularly highlight the exceptional expertise and professionalism of our lawyers. Our team cares deeply about every aspect of your case, ensuring you receive a thorough and attentive service
Our property disputes legal services
Meet our property disputes team
Building a responsible business
Our commitment to sustainability and social impact
We are an accredited B Corporation that is committed to driving positive change in our communities, minimising our impact on the environment, and ensuring an all inclusive diverse and supportive culture for our people.
Wherever you are on your journey, our property disputes specialists are here to answer any questions you might have
If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours
Need to talk to someone sooner? You can call use at the number below
Call Us: 0330 024 0333
property disputes FAQs
Commercial Property Lease Disputes
- Issues involving lease terms, renewals, and terminations.
- Breaches of lease covenant
- Forfeiture and possessions
- Disagreements over rent reviews and lease obligations.
Land Disputes
- Conflicts over property boundaries, title issues and encroachments.
- Disputes related to easements and right-of-way issues.
- Disputes related to adverse possession of land
Property Development Issues
Disputes arising in relation to option agreements, rights to light, interpretation of overage mechanisms, and breaches of conditional sale agreements.
Telecoms
Advice on obligations and rights under the New Telecoms Code, entering into and terminating telecoms agreements.
Housing Management Disputes
Succession Planning
Guidance on planning and managing tenancy successions to ensure compliance with legal requirements and minimize disputes.
Disrepair Issues
Legal support in addressing property disrepair claims and ensuring compliance with maintenance obligations.
Tenancy Enforcement
Assistance with enforcing tenancy agreements, including dealing with rent arrears, eviction proceedings, and breaches of tenancy terms.
Nuisance Behaviour
Strategies to manage and resolve issues related to nuisance behaviour, ensuring a safe and peaceful living environment for all tenants.
Criminal Activity
Legal advice and action plans for dealing with criminal activities on your properties, ensuring the safety and security of your tenants and properties.
Leasehold management
The team offers comprehensive support for leasehold management, including resolving disputes, advising on service charges, and assisting with Right to Manage (RTM) applications or appointing a manager to help leaseholders take control of their properties.
Our approach to commercial landlord and tenant disputes is comprehensive, strategic, and client-focused. We combine in-depth legal analysis, strategic planning, and skilled representation to resolve disputes effectively.
Adverse possession is a legal principle that allows a person to claim ownership of land under certain conditions, even if they do not hold the legal title to it. This principle can be complex and contentious, often leading to disputes that require expert legal assistance.
We can help with such claims by
- Preventative Measures: Advise on steps to prevent adverse possession claims, such as regular property inspections, erecting clear boundaries and signs, and addressing encroachments promptly.
- Defence Strategies: Develop and implement a strategy to challenge an adverse possession claim, including gathering evidence that the claimant did not meet all legal requirements (e.g., proving you granted permission or that the possession was not continuous).
- Legal Representation: Represent you in court to defend against the claim, presenting evidence and legal arguments to protect your property rights.
- Resolution: Work towards an amicable resolution, if possible, to avoid lengthy and costly litigation.
We act solely for landowners and site providers in telecoms lease terminations and renewals and our approach is tailored to the specific interests and needs of our clients and their short term and medium term goals. We typically handle telecoms advice by
- Reviewing existing agreements and arrangements
- Considering available mechanisms for terminating the telecoms lease and discussing rights and obligations with you.
- Discussing the potential for renewal, the advantages and disadvantages of the same and guiding you through the process without the technical jargon.
- Delivering strategic advice for landowners with redevelopment/land diversification aims.
- Providing the client with clear communication and support throughout the process.
Resolving a property dispute through litigation involves several key steps:
- Pre-action process: engage in correspondence before proceedings are issued to seek to resolve the dispute before a claim is issued.
- Filing (or responding to) a Claim a Court: Initiate the process by filing a formal claim (or Defence) with the Court.
- Evidence Phase: Exchange evidence and information between parties.
- Pre-Trial process: File information to resolve or narrow issues before trial.
- Trial: Present evidence and arguments in court.
- Judgment: The court renders a decision based on the evidence.
- Appeal (if necessary): Challenge the decision if there are grounds for appeal.
- Enforcement: if the judgment is not complied with, steps to compel compliance can be taken
Each step requires careful legal strategy and adherence to procedural rules. If you have a potential litigious issue, do contact us.
Yes, we can represent clients in property tribunal proceedings. They offer expertise in various property-related matters, including those that fall under the jurisdiction of property tribunals. Their services typically include
- Advice and Strategy: Providing legal advice on the merits of the case, potential outcomes, strategic options.
- Preparation: Assisting with the preparation of documentation, evidence, and submissions required for tribunal proceedings.
- Representation: Representing clients during tribunal hearings, including presenting arguments and evidence.
- Negotiation: Negotiating settlements or agreements to resolve disputes before or during tribunal proceedings.
- Appeals: Advising on and handling appeals if the outcome of the tribunal is contested.
We handle a wide range of Land Registry disputes, including:
- Boundary Disputes: Resolving disagreements over the exact boundaries between properties.
- Ownership and Title Disputes: Addressing claims regarding the rightful ownership or interests in a property.
- Easements and Rights of Way: Dealing with issues related to access rights or use of the land.
- Adverse Possession: Handling claims where a party seeks ownership based on long-term occupation of the land.
- Registration Errors: Correcting mistakes or omissions in the Land Registry records.
We will typically undertake legal analysis, strategic negotiation, and will represent at court or tribunal.
If you’re involved in a property dispute, it’s important to take the right steps to protect your interests and work towards a resolution.
- Stay calm and document everything
- Collate all of the facts and try to assemble in a chronology in date order
- Seek Legal Advice
- Communicate with the other party only if necessary but avoid confrontation