Business

Property Litigation and Disputes

At Preston Redman, we understand the disruption property litigation and disputes can cause to a business. Through strategic legal advice and guidance, we can help to overcome the issues you are facing in the best way for your commercial interests.

The team has worked with a range of commercial clients in various industries across a broad range of property litigation matters. We strive to resolve disputes smoothly, without unnecessary stress and concern. Experience shows us that having the right lawyer for property disputes can minimise any disruption to your operations while ensuring you achieve the best possible result.

Our property litigation solicitors at Preston Redman frequently assist all types of clients across Bournemouth, Poole, Dorset and further beyond. We will be happy to advise you over the phone, via email and through videoconferencing, as well as in person for your convenience.

To speak to one of our highly experienced property dispute solicitors in Bournemouth, please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.

How our property litigation and disputes solicitors in Bournemouth can help you

Our property litigation solicitors in Bournemouth can provide specialist advice and guidance in all types of matters, including:

Landlord and tenant disputes

Maintaining positive landlord and tenant relationships is crucial. Should a dispute or potential source of dispute arise, we will endeavour to find the most tactical method to prevent unnecessary conflict.

Our solicitors believe in delivering quick and efficient solutions for our clients. Through strategic use of alternative dispute resolution, we can keep the process cost-effective and avoid conflict escalating unnecessarily.

Our dispute resolution team in Bournemouth have considerable landlord and tenant expertise in areas such as:

  • Charging orders and applications for sale in relation to debts and secured debts
  • Bringing a tenancy to an end
  • Lease renewals
  • Forfeiture and possession proceedings
  • Landlord and tenant notices
  • Breach of covenants and dilapidation claims
  • Recovery of rent arrears
  • Rent review disputes
  • Dealing with sub-tenants

See our Landlord and Tenant Disputes service page for more detail on how the Preston Redman team can provide assistance.

Possession claims

Where a landlord wishes to regain vacant possession of a property, there is a strict legal process they must follow. Where a landlord fails to adhere to this process or a tenant does not leave as legally required, the correct legal support is essential.

Our team can advise landlords and commercial tenants on their rights in relation to possession claims. Drawing on our extensive experience with these complex matters, we can give you the best chance of securing the outcome you need in a timely and cost-effective manner.

Rights of way disputes

Right of way disputes are more common than one might expect. Whether a right of way exists is not always immediately obvious, so pursuing legal assistance in these circumstances is crucial.

At Preston Redman, we have a wealth of experience helping clients to resolve right of way disputes. We can help to swiftly establish whether a right of way exists and assist with finding a positive resolution that suits your interests.

We can advise clients on all types of rights of way matters, including where another business or individual is using your land or where access is being prevented or limited.

Boundary disputes

It is often difficult to determine where property boundaries lie, particularly as property deeds often do not contain the precise location of the boundaries. This can frequently lead to contentious disputes between property owners wishing to construct new buildings, extensions, walls, fences, etc. 

Our commercial property litigation solicitors have years of expertise guiding clients through these types of methods, helping to reduce conflict, keep costs low and ensure issues are swiftly resolved.

Our solicitors can provide assistance with boundary disputes, including:

  • Boundary positioning
  • Trespass
  • Trees or other objects overhanging
  • Fences and walls
  • Property extensions

Party wall disputes

Before work is carried out on walls or other boundary features shared between neighbours, notice must be provided. Where proper notice is not given or a neighbour objects to the proposed works, the right legal support can help to ensure a positive outcome.

At Preston Redman, we can advise you of your rights under the Party Walls Act 1996 and any agreement entered into pursuant to that Act. Our solicitors understand how disruptive party wall disputes can be to the operation of your business and strive to deliver a stress-free service in a quick and suitable manner.

Common questions about property litigation and disputes

What is property litigation?

Litigation in respect of any kind of real property, often concerning the establishment, enforcement and interplay between the parties arising from or connected with the property in question.

What is property dispute resolution?

During commercial property litigation, matters can often be resolved early on through approaches called pre-action commercial property dispute resolution. These are strategic methods attempted prior to court litigation and often provide a solution all parties can agree on.

Letters before action – This pre-action protocol involves a letter being sent to the defendant, which will set out the facts of the matter as the claimant sees them, any evidence to support their claims and their desired resolution. In most cases, a well drafted letter before action is sufficient to achieve the desired outcome and no further steps are required.

Private negotiation – Another type of pre-action method which can often result in a swift resolution is private negotiation. This can be done alone between the involved parties or with the involvement of their solicitors, often on a ‘without prejudice’ basis.

Alternative dispute resolution – Common examples of alternative dispute resolution (ADR) methods used for commercial property disputes include mediation and arbitration. These methods can provide various benefits, such as being cost-effective, quicker and less contentious compared to court litigation.

What does a property litigation and disputes lawyer do?

A property litigation and dispute lawyer can provide assistance with all types of real estate matters, using their skill, knowledge and expertise to guide clients through disruptive issues.

A solicitor will always encourage clients to engage with pre-action protocols as this is essential to protect a party’s cost recoverability prospects and can lead to a cost effective solution without the need for court involvement.  However, should court litigation become necessary, they will provide the specialist support required, including preparing for the hearing and providing representation.

Should you need assistance with property litigation, our commercial property litigation solicitors at Preston Redman are available to provide pragmatic advice and guidance.

What are the most common property disputes?

This will vary depending on the type of property, sector and other factors. However, some of the most common issues are those faced by landlords and tenants, including disputes over rent arrears, breach of lease, service charges and dilapidations.

Why choose Preston Redman’s property litigation and disputes solicitors in Bournemouth?

At Preston Redman, the team is full of skilled solicitors devoted to supporting clients in navigating property litigation matters through pragmatic advice and practical guidance.

The property litigation team is headed by Managing Partner Adrian Falck and supported by Hugo Haub. Adrian and Hugo are both members of the Property Litigation Association (PLA).

Our property litigation and disputes solicitors’ fees

Fee estimates

Property litigation can vary from case to case as can the likely costs associated with advice. For routine matters, we will provide a fee estimate together with a breakdown of the likely work.  Should circumstances change, meaning costs need to be adjusted, our property dispute lawyers will explain the reasoning and provide an up-to-date breakdown of the likely fees.

Fixed fees

We are sometimes able to provide property dispute legal advice for a fixed fee. This is the case for more straightforward cases such as residential possession and certain debt recovery work.

Get in touch with our property litigation and disputes solicitors in Bournemouth

To speak to one of our highly experienced property dispute solicitors, please contact our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.