Despite the many and various benefits of possessing property, the rights and responsibilities that stem from property ownership can lead to disagreements. While it is hoped that most disputes will be resolved through calm negotiation, at Lewis Nedas we understand there may come a time when legal action must be taken.
Property disputes and the rules governing their resolution regularly raise complex, fact-specific issues. It is important that if you are considering entering into, or have been threatened with property litigation, your case is handled by expert legal advisors who understand the issues at hand. Our Property Litigation department offers a variety of services, in respect of both commercial and residential properties.
Commercial Property Litigation
At Lewis Nedas, we appreciate that disputes concerning commercial property can result in vast amounts of money and time being wasted. We offer services that are delivered in a timeous and proficient manner. Our Commercial Property team regularly advise on:
- Development Disputes
Commercial organisations often identify land or buildings that are ripe for redevelopment. However, pursuing this objective often involves a great deal of negotiation with current owners, to set out how redevelopment is to be facilitated. It is not uncommon that following discussions, disputes arise concerning the meaning of agreements or the legal duties imposed on people involved in developing land.
Our team have particular expertise in helping clients secure vacant possession of property, ensuring that no one else will have any right in respect of it. Our team is also particularly skilled in advising on restrictive covenants, which may often prevent clients from using land that they have purchased in a particular way which could damage their long term commercial interests.
- Repairs and Dilapidations
It is not uncommon that in lease agreements between commercial landlords and their tenants, there is some provision determining who has responsibility for the upkeep of the premises during occupation. Sometimes these provisions are not followed and upon expiry of the lease, disputes can arise concerning whether or not legal duties have been discharged.
At Lewis Nedas, we have many years of experience of handling litigation concerning the honouring of repair and dilapidation obligations. We regularly conduct forensic reviews of documentation concerning the legal responsibilities imposed on the respective parties, and represent our clients in court to ensure that these obligations are discharged.
- Rights Over Land Claims
It is hoped that most parties will be clear as to what obligations taking ownership of a particular property may impose. However, this can sometimes be unclear and lead to disputes, not least because these details are normally contained within dense documentation in complicated legal language. Parties may often confuse ownership of property with rights which may run with the property, despite ownership.
The Commercial Property team at Lewis Nedas are very familiar with advising on land rights claims. We have particular experience in advising on issues concerning rights to light and the construction of property that potentially infringes on this.
Residential Property Litigation
Residential Property disputes share many characteristics with their commercial counterpart: the potential for wasted time and money. However, we at Lewis Nedas also understand that these disputes, often between neighbours, can have a particularly high emotional impact. We aim to provide a service that respects this fact, and brings about a resolution to the dispute in a calm and effective manner. Our team regularly deal with:
- Party Wall Disputes
As is particularly common with residential properties, questions can sometimes be raised concerning responsibility for walls when there is to be some manner of work done to the adjoining walls of two properties. The Party Wall Act 1996 requires that where someone is carrying out work to an adjoining wall, other interested parties are notified, and that the limitations imposed by the Act are honoured. The Act also requires that the parties to an adjoining wall do not suffer as a result of the work done.
Where these works do have a negative impact on adjoining property owners, or the correct notification is not given, disputes can arise. At Lewis Nedas, our property lawyers are regularly instructed to represent clients who have endured a great deal of emotional strain in attempting to settle disputes concerning work done to adjoining walls by their neighbours, that has had a detrimental impact to their property, contrary to the legislation in this area.
- Boundary Disputes
It is not uncommon that where individuals own their property, they may look to develop or add to it with the passage of time. However, this may not always be to everyone’s benefit and could encroach into neighbouring land by violating the boundaries of their property.
Our Residential Property team often advise on boundary disputes between neighbours. The law surrounding boundary disputes is complicated, often requiring an understanding of unusual legal concepts set down in property deeds which can be difficult to decipher.
- Rights of Way
Where something is done to a property over a long period of time, it is possible that a legal ‘right of way’can come into existence. Such rights can vary, ranging from pedestrians being able to walk over land or for cars to be parked on land. There can, however, be some dispute on whether or not a true right of way has come into existence, which may be causing owners and residents a great deal of inconvenience.
Dealing with disputes concerning rights of way is complicated: it often involves a great deal of investigation into how long a particular activity has taken place, and whether or not it has ever been interrupted. The team at Lewis Nedas appreciate that being faced with ‘rights of way’can be incredibly frustrating for clients, and are regularly involved in conducting extensive investigations into their legality.
Contact our Property Litigation Lawyers London
At Lewis Nedas, we provide a service that reflects the range and complexity of property law disputes. Our team of expert lawyers will be able to handle all aspects of property litigation, whether commercial or residential. If you have questions regarding property law, or are perhaps facing a dispute which you need help to deal with, please contact us.