Top five property disputes FAQs

1 - What are the main types of property disputes?

Property disputes are basically any issues or potential issues involving land.

Birketts is a full-service law firm with a dedicated property disputes team. We advise on commercial and residential property disputes, including landlord and tenant disputes, lease renewals, dilapidations, possession claims, forfeiture, service charge disputes, boundary disputes, rights of way, restrictive covenants, adverse possession, development disputes, telecoms disputes and TOLATA claims.

2 - Who becomes involved in a property dispute?

Anyone who owns, occupies or has an interest in land may need advice about a dispute.

We spend a considerable amount of time advising clients on property documents and property rights, whether it is claiming the benefit of a right or an interest or serving a notice to break a lease, for example.

We typically act for individuals, property funds, retailers, housebuilders, developers, corporate occupiers, agricultural landowners, universities and colleges, investors, and local authorities. We have experience in dealing with all manner of clients and disputes.

3 - When is the best time to seek advice on a litigation matter?

You should take legal advice as early as possible.

A large part of our work is centred on helping clients avoid disputes altogether and to mitigate risk. The earlier legal advice is sought, the more options there normally are and the better it becomes.

If you have received or need to serve a notice, need possession, face an injunction threat, or you are involved in a dispute which may affect a sale, purchase, letting or development, then early advice is key.

4 - Can property disputes be resolved without court proceedings?

Yes. The vast majority of property disputes are resolved by negotiation, mediation, expert determination, arbitration or settlement agreement. We help clients choose the most commercial and cost-effective route.

5 - How long does it take to resolve a property dispute?

It can vary depending on the type of dispute. Court claims, for example, can take 18 months – 2 years typically to resolve for a fully contested court trial. Having said this, most claims settle sooner. Expert determinations and arbitrations are often quicker. For urgent cases, there are circumstances where you can apply to expedite a claim, and there are urgent steps that can often be taken as necessary in the circumstances.