Expert property
dispute advice

Residential property disputes are as stressful and frustrating as they are common. At Hedges, our expert team of property disputes solicitors has an outstanding track record of helping clients resolve residential property disputes in a highly efficient way.

Instructing us as early in the process as possible could help save you time, money, and a lot of stress. The first thing our team of property dispute solicitors in Oxford and Wallingford will look to do is attempt to negotiate a reasonable outcome to prevent the situation from escalating. By doing so, the team will try their best to avoid litigation.

The dispute process

Options such as round table meetings, mediation, or arbitration can provide out-of-court solutions. But if litigation is the only way to resolve the issue, our team has the experience, skills, and track record to get the best possible outcome for you. You can meet our expert property dispute solicitors in our Oxford or Wallingford offices, online, or at a location that suits you.

Common residential disputes

Our dispute resolution team, consisting of expert property dispute solicitors, can advise on all forms of property disputes including:

• Neighbour and boundary disputes
• Agricultural and farming land disputes
• Landlord and tenant law (including serving notices, possession, and deposit litigation)
• High hedges problems
• Party Wall issues
• Nuisance
• Enforcing covenants
• Land Registry issues
• Rights of way

How do I know where the legal boundary is?

It’s not always clear where the legal boundary of your land lies, and you may not know who owns a fence between yours and your neighbors’ gardens. Matthew Cotton, Dispute Resolution Solicitor and one of our property dispute solicitors in Oxford, explains the basics below, and what you can do to gain clarity on who owns what, and who is responsible.

Many people are surprised to learn that unmarried couples who own property together are governed by property law and not family law legislation. This means that if their relationship ends, they will need to seek advice from property dispute solicitors.

Where you stand

Most residential disputes arise when couples sell their individual properties and buy properties together. These can include residential homes, holiday homes, bare land, or commercial premises. However, even if you’re not named on the property’s title or deeds, you could still pursue a claim.

Thanks to the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA), the court has powers to determine the extent of a person’s interest in a property. This is true for any person with interest in the property, not solely cohabitants or those in a romantic relationship. It may even include friends, family, or professional investors.

Understanding ToLATA

If you have been contributing financially to a property but are not a named legal owner at the Land Registry you may be able to bring a claim.

There are distinct types of interest in land: the legal title and the beneficial title. The legal title is registered with the Land Registry, and a simple search of the title will confirm the identity of the legal owner.

However, there is no guarantee that the legal owner (or registered proprietor) is also the beneficial owner. Beneficial rights can be acquired irrespective of whether a legal title has ever been registered in a person’s name.

Court application

There are two main types of applications that can be made under ToLATA to resolve disputes about land. These are:

• An application asking the Court to determine who is entitled to occupy the property; and
• An application asking the Court to determine what share (if any) each of you owns.

In disputes about co-ownership, these powers are most frequently used to seek an Order which requires a co-owned property to be sold so that the proceeds can be divided.

Seek expert advice

Disputes can be complex and draining affairs. At Hedges, our expert team has a wealth of experience in the field of residential disputes. Contact us for pragmatic, jargon-free advice relevant to your circumstances.

Our dispute resolution and property dispute solicitors, advise on all forms of landlord and tenant disputes including breach of the terms of a lease, forfeiture, eviction, and claims for rent arrears.

The team can assist with pre-contractual advice and drafting of tenancy agreements, as well as with the issuing of court proceedings for eviction and the recovery of rent arrears. If the need arises, our expert property lawyers can also support you with enforcement options, enabling you to recover unpaid debt, damage to property, or other losses arising from the tenancy.

With the Hedges team by your side, you will be guided through the correct legal processes, ensuring you are protected and able to smoothly navigate each obstacle you face. Talk to us for more information about our legal services for landlords.

Commercial property disputes 

Our specialist solicitors, including property dispute solicitors in Oxford and Wallingford, have experience handling and efficiently dealing with a range of property disputes for businesses, including:

• Dilapidations
• Rental arrears: including debt recovery and forfeiture
• Boundary disputes
• Rent reviews
• Lease renewals
• The interpretation and enforcement of covenants
• Rights to light
• Obtaining landlords’ consents

Leases, licences & tenancies

If your property is subject to a lease, you probably have insurance, service charges and ground rent to pay. On top of these outgoings, extending the term of your lease will come at a cost. These expenses can add up quickly, so if you’re thinking about purchasing the freehold to your property, it’s worth speaking to an expert to ensure you get it right. Our team has extensive experience in leasehold enfranchisement, contact us for more information or visit our dedicated Lease & Leasehold Extension page.