Disputes

Property disputes can be disruptive, stressful and technically complex. Our specialist team has extensive experience advising property owners, landlords, tenants and trustees on a wide range of disputes, from boundary disagreements to issues involving rights, covenants and land ownership.

We aim to provide clear, pragmatic advice and to help you resolve matters as efficiently and cost-effectively as possible.

Types of property disputes we handle

We can assist with a broad range of issues, including:

Boundary disputes

These often arise over:

• The physical location of fences, hedges or walls
• Responsibility for maintaining boundary structures
• Damage caused along a disputed boundary
• Encroachments or changes to boundary features over time
• Associated property rights such as rights of way or boundary-related easements
• Historic or unusual covenants affecting boundaries.

We also advise on adverse possession, including claims involving both registered and unregistered land.

Other property-related disputes

Our team can also help with disputes concerning:

• Structural support between neighbouring properties
• Shooting rights and fishing rights
• Property finance arrangements (personal or involving lenders)
• Property issues arising in the administration of estates or trusts.
• Easements
• Rights of Way
• Restrictive Covenants
• Adverse Possession
• Trespass
• General Neighbour Disputes
• Agricultural Tenancies
• Commercial Property Disputes:
  • Forfeiture
  • Breaches of lease
  • Contested lease renewals
  • Dilapidations

Understanding property issues

In some cases, properties are clearly defined:

• By the Land Registry title plan, and
• By the original Deeds.

Where this is the case, those documents will usually be definitive. However, often disputes arise as a result of interpretation of wording in deeds and plans.

In these situations, this requires consideration of a wide range of evidence, including:

• Deeds, Old title documents and conveyances
• Past and current use of the land
• agreements, including informal or historic arrangements
• Physical features
• Historic and Ordnance Survey maps.

In most cases, expert evidence from a surveyor will be required.

Usually issues can be resolved and agreed between the parties but where agreement cannot be reached, Court and Tribunal applications are necessary to determine the issues.

Our lawyers are members of the Property Litigation Association.  If you are facing a property or boundary dispute, please contact our disputes team for clear, informed and strategic advice.

The law affecting the rental market is changing this year. Most modern residential tenancies are currently Assured Shorthold Tenancies but from 1 May 2026 these will become Assured Periodic Tenancies. Some older agreements may fall under different rules, particularly where a tenant has been in occupation for many years. Whether you are a landlord managing a single property or a larger portfolio, or a tenant unsure of your rights, we can provide clear and confident guidance.

Support for landlords

We have extensive experience assisting private and professional landlords with the full range of tenancy matters, including:

• Drafting and reviewing tenancy agreements
• Advising on deposit protection requirements
• Responding to breaches of tenancy
• Serving valid Notices seeking possession
• Issuing and managing possession proceedings where necessary.

Our aim is always to help you resolve issues quickly, cost-effectively and in full compliance with current legislation.

Support for tenants

If you are a tenant and believe your landlord has breached the terms of your tenancy, or if you have been served with a Notice and are unsure how to respond, we can help you understand your rights and your options.

We offer:

• Advice on the validity of notices
• Support where repairs or obligations have not been met
• Guidance on deposit disputes
• Assistance in responding to possession claims.

Seeing both sides of a dispute

Because we assist both landlords and tenants, we have a clear understanding of each party’s rights, responsibilities and strategic considerations. This balanced approach often helps us resolve disputes more efficiently and with less conflict.

For an initial discussion and advice on funding options, please contact our housing team.

Disputes often arise when parties disagree about the terms of a contract, or even whether a contract existed at all. It is important to remember that a verbal contract can be just as enforceable as a written one, although the terms may be harder to establish.

Even where no formal terms were documented, the law may imply certain obligations. For example, if one party pays money to another without receiving anything in return, there is usually a presumption (unless evidence suggests otherwise) that the payment was a loan, repayable immediately.

Disputes can take many forms. For example:

• Poor workmanship, such as building work not carried out to a reasonable standard
• Goods or services not provided as agreed
• Failure to pay for work completed
• Disagreements about scope or price
• Disputes over whether a binding agreement was formed.

Where a contract has been breached, remedies may include:

• Financial compensation
• Requiring the other party to complete the work or fulfil their obligations
• Negotiated settlements
• Mediation to resolve matters without going to court.

How we can help

Every dispute is different. We take time to understand your priorities and the outcome you want to achieve. Our team will always act robustly but sensitively in your best interests, helping you to:

• Assess the strength of your case
• Understand your legal options
• Consider cost-effective strategies
• Pursue settlement where appropriate
• Take court action only when necessary.

While a court hearing is sometimes unavoidable, many disputes can be resolved through constructive negotiation or mediation.

Fees and initial advice

For most contract and debt disputes, we require fees to be paid on account for initial advice. This usually involves at least a couple of hours of work, depending on the complexity of the case.

Our litigation team’s hourly rates range from £190 to £320 + VAT.

We are always happy to discuss whether your matter is one we can assist with and to provide an indication of next steps.

Please call us on 01328 863131 for an initial conversation.

When you instruct a professional, you rightly expect them to act competently, efficiently and in your best interests. You trust their expertise, and you pay for it. If something goes wrong and you suffer financial loss as a result, you may have grounds for a professional negligence claim.

We can help you assess whether negligence has occurred and, if so, guide you through the process of seeking appropriate compensation.

Who might be considered a “professional”?

Professional negligence claims can arise against a wide range of professionals, including:

• Architects and surveyors
• Solicitors and barristers
• Accountants and financial advisers
• Banks and lending institutions
• Planning consultants
• Expert witnesses

When does a mistake amount to negligence?

Even the most capable professionals make errors from time to time. Not every mistake is negligent, and in some cases, an explanation or apology may be all that is required.

However, if the professional owed you a duty of care, they failed to meet the standard expected of their profession, and you suffered financial loss as a direct result, then you may have a valid negligence claim.

We handle all types of professional negligence cases, including those involving complex facts, technical issues or difficult-to-assess losses.

Funding your claim

We are often able to act under a Conditional Fee Agreement (“no win, no fee”) where:

• the prospects of success appear to be above 50%, and
• the claim is suitable for this type of funding.

We may also act under the terms of any legal expenses insurance you hold (for example, through a home contents policy), even if your insurer suggests that you must use their panel solicitors.

Sometimes it is not possible to determine the prospects of success during an initial telephone conversation. In such cases, we may require payment on account to review the matter in more detail before deciding whether a Conditional Fee Agreement can be offered. This initial review usually takes at least a couple of hours.

Our litigation solicitors’ hourly rates range from £190 to £320 + VAT.

If you believe you may have a professional negligence claim, please contact us for an initial discussion. We will help you understand your options and the next steps.

Fakenham:

Tel: (01328) 863131
Email: [email protected]

Holt:

Tel: (01263) 712023
Email: [email protected]