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Property Disputes


Property disputes

Disputes concerning properties, whether they are of a commercial or domestic nature, demand a strategic approach. Our property litigation team possesses extensive experience in handling matters for both the commercial and private sectors. Our primary objective is to promptly evaluate the risks and benefits associated with any potential dispute, ensuring our clients are fully informed before deciding to pursue legal action. Here is a summary of the types of claims for which we are typically engaged.

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    Breach of Covenant

    Covenants are obligations often in writing and contained in a deed, for example a lease or transfer deed, which is signed by the parties and regulate how a property is to be used and enjoyed. Covenants are frequently the source of disputes between landlords and tenants.

    Examples of tenant breaches of covenant include:

    Examples of landlord breaches of covenant include:

    Arlingsworth’s property litigation lawyer can help you to obtain the most appropriate remedy for your situation.  This may include:

    Where there is a dispute as to whether a breach of covenant has occurred, we can make an application on your behalf to the Leasehold Property Tribunal (formerly known as the Leasehold Valuation Tribunal) for an independent determination.

    Rights of Way/Access Disputes

    Disputes over land rights, whether for individuals or businesses, can be all-encompassing and demand constant attention. We strive to quickly comprehend and address these issues, devising a strategy for a cost-effective resolution. We also advocate for alternative dispute resolution methods, including mediation, when appropriate, to empower clients with a solution outside the courtroom.

    Dilapidation Claims

    Dilapidation claims pose potential litigation challenges, and we collaborate closely with our clients to encourage a cost-effective approach. Utilising appropriate experts and considering alternative dispute resolution methods, where applicable, are integral parts of our strategy to achieve efficient and economical resolutions.

    Party Wall Act Disputes

    Disputes under the Party Wall Act often require urgent, intense, and decisive action. We collaborate with other professionals such as chartered surveyors to provide clear and definitive advice on your position in any party wall dispute, offering a clear roadmap forward to resolve the issue in the most expeditious way possible.

    Disputes between couples

    Disputes around the legal and beneficial ownership of property between married and unmarried couples are handled by our family law department


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