Residential Property Disputes

Practical, proportionate advice to protect your property interests and resolve disputes without unnecessary cost or conflict.

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A disagreement involving your home or land can be stressful, disruptive and difficult to resolve without clear legal advice. Residential property disputes can concern boundaries, access rights, ownership, building works, nuisance, restrictive covenants, leasehold arrangements or the way in which jointly owned property is managed or sold.

DTM Legal advises homeowners, landowners, leaseholders, freeholders, landlords, tenants and joint property owners on a wide range of residential property and land disputes. We can help you understand your legal position, assess the available evidence and identify the most practical route towards a resolution.

It is important to consider the likely financial and practical benefit of pursuing a property dispute. Even where a party has a strong legal case, the cost of court proceedings, expert evidence and professional fees can outweigh the value of winning. Our approach is therefore focused on proportionality and early resolution, using negotiation, mediation and other forms of alternative dispute resolution wherever appropriate. Court proceedings remain available where they are necessary to protect your rights or achieve a fair outcome.

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Residential Property Dispute Legal Services

Our Property Litigation team advises individuals on disputes involving:

  • Property boundaries and the location of boundary lines
  • Rights of way, access rights and other easements
  • Obstruction or excessive use of a right of way
  • Property ownership and beneficial interest disputes
  • Disagreements between joint property owners
  • Applications relating to the sale of jointly owned property
  • Trespass and encroachment onto land
  • Adverse possession claims
  • Restrictive covenants affecting the use or development of property
  • Party wall and neighbouring building work disputes
  • Nuisance caused by noise, water, vegetation, tree roots or other interference
  • Damage caused to a property by neighbouring works
  • Japanese knotweed and other invasive plant disputes
  • Residential leasehold and service charge disputes
  • Disputes concerning repairs, maintenance and property management
  • Possession and occupation disputes
  • Urgent injunction applications
  • Negotiation, mediation and settlement agreements
  • Court and tribunal proceedings where a negotiated resolution cannot be achieved

Why Instruct DTM Legal?

Property disputes often involve more than the strict legal position. The value of the property, the cost of resolving the matter, your relationship with the other party and any plans to sell, remortgage or develop the property may all influence the most appropriate strategy.

Our Property Litigation solicitors will take the time to understand what you want to achieve and whether that outcome is realistic and proportionate. We will review the relevant title documents, plans, correspondence and evidence before explaining the strengths, risks and potential costs associated with the available options.

Where possible, we will seek to resolve the dispute through correspondence, direct negotiation, mediation or another appropriate settlement process. If court proceedings become necessary, we will help you pursue or defend the claim strategically while continuing to consider opportunities for settlement. We will also keep the likely costs and benefits under review as the matter progresses.

We provide:

  • Clear advice on your rights and available options
  • An early assessment of the strengths and risks of your position
  • A practical and proportionate approach to legal costs
  • Advice focused on your preferred outcome
  • Support with negotiation, mediation and settlement
  • Coordination with surveyors, valuers and other property professionals
  • Representation in court or tribunal proceedings where required
  • Regular updates throughout your matter
Key Contact
Head of Property
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Key Considerations for Individuals Involved in a Property Dispute

Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

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DTM Legal
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Property Litigation Team

Anna Duffy

Head of Property
James Holton

Senior Associate, Property Litigation
Sophie Greensill

Associate, Property Litigation
Juliet Mistry

Solicitor, Commercial Property
Megan Duffy

Trainee Solicitor, Residential Property

Frequently Asked Questions

Commonly asked questions regarding residential property and land disputes.

Yes. Many property disputes are resolved through correspondence, negotiation, mediation or an agreement recorded between the parties. An out-of-court settlement can provide greater flexibility, reduce costs and allow the parties to agree practical arrangements that a court may not have the power to impose.

We will consider whether an early proposal or structured settlement process is appropriate. Court proceedings may still be necessary where the other party will not engage, urgent protection is required or a binding legal decision is needed.

The cost will depend on the complexity of the issue, the amount of evidence involved, whether an expert is required and how the other party responds. A dispute resolved through an early exchange of correspondence will usually cost substantially less than one involving expert evidence and a contested court hearing.

We will discuss likely costs with you at the outset and consider whether the amount at stake justifies the proposed action. The strategy should remain proportionate, and the cost-benefit position should be reviewed as the dispute develops.

Winning a property dispute does not necessarily mean that you will recover all of your legal costs. The court has discretion over costs and may consider the parties’ conduct, the offers made, the issues won or lost and whether the costs incurred were reasonable and proportionate.

There may also be differences between the amount you pay your solicitor and the amount recoverable from the other party. The risk of being ordered to contribute towards the other party’s costs if you lose should also be considered before proceedings are started.

A surveyor may be helpful where the dispute depends on the physical position of a boundary, the interpretation of plans or the historic use of land. However, a title plan does not always establish the precise legal boundary, and appointing an expert before receiving legal advice can sometimes result in unnecessary expense.

We can review the legal documents first and advise whether a surveyor is likely to add value. In some cases, appointing a jointly agreed expert can reduce duplication and help the parties reach a cost-effective resolution.

A property can sometimes be sold or remortgaged while a dispute is unresolved, but the issue will usually need to be disclosed to a buyer, lender or conveyancer. This may cause delays, affect the property’s value or result in the buyer requesting that the dispute is resolved before completion.

Early legal advice can help establish whether the matter can be settled, documented or managed in a way that allows the transaction to proceed. You should avoid concealing a dispute, as incomplete or inaccurate information may create further legal problems.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Matthew
27/07/2023
DTM are able to provide a wide range of services which they do very professionally.
Gary
15/02/2023
I worked with Anna Duffy and her team at DTM Legal on a number of cases seeking rent arrears. Anna and her team did an excellent and thoroughly professional job to secure fantastic results for our clients

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