How Can Housing Solicitors Help Resolve Disputes?

Disputes with property can have high stakes. Our homes are often the most expensive investment that we’ll ever make. They’re a substantial asset that we need to protect vigorously. Because of this, disputes can be highly stressful and, if you get them wrong, can have lasting implications for you and your family.

So, if you’ve found yourself in the midst of a property dispute, it’s imperative to seek legal representation. Here we give you some examples of property disputes and how property solicitors can help you navigate them.

Some Common House Conveyancing Disputes

Conveyancing is the process of legally transferring property from one owner to another. If you ever buy a property, then you will utilise this process. Conveyancing starts at the point that a party’s offer on a property is accepted and is completed when the keys are received.

During this process, a conveyancing lawyer will work on a number of tasks including receiving and reviewing the contract, carrying out local authority searches for the house, arranging completion dates, transferring deposits, submitting tax returns and more.

Sometimes disputes can arise during this process. One of the main disputes in this area of property law is the definition of boundaries between a property owner and their neighbour. A boundary is a legal line between two pieces of land, owned by two different parties. Often there is an assumption that the boundary is halfway between a physical object like a hedge, however, this is not always the case. Sometimes a property owner has planted one themselves, which would mean it is their property and resides on their side of the boundary.

In the modern era of conveyancing, most property titles are now stored electronically and there may be no physical deeds. Most boundaries would be specified in these registers, but in older titles, they may not have specific boundaries or the boundaries that had been specified may have changed over a period of time.

It is because of this relative ambiguity on what a boundary is or isn’t that disputes can arise. Sometimes there may be a dispute as to which part of the land belongs to which owner. This can manifest itself before or after the construction of an addition to the property has been started and these can also fester after a period of combativeness between neighbours.

Right of way disputes is another area when the boundary of a property is under contention. The right of way that is attached to the property allows one homeowner to pass through another’s property to gain access to a road. It’s imperative to check any right of way when buying a property, and this will be done by the conveyancing lawyer. If during your residence at a property, your right of way is blocked by a fence or another construction, then you should certainly seek legal advice to work towards getting it removed and your access to the right of way reinstated.

If you find yourself embroiled in a property dispute regarding boundaries, it’s worth seeking advice from a conveyancing lawyer straight away. Often these disputes can be resolved with a little guidance from a lawyer, who can advise whether it is wise to take action in court, or through a mediation service. The cost of taking someone to court over this type of dispute is relatively high so, unless you have specific and necessary ambitions for the boundary space in contention, it’s always worth trying to find an amicable resolution with the advice of a solicitor.

Other Disputes Regarding Homeowners, Tenants and Landlords

Another relatively common dispute between homeowners is the entitlement of light flowing into a property. The Prescription Act 1832 says that the owner of a building has a right to receive natural daylight. The parameter of this is how long a homeowner has been receiving natural light. The regulation entitles any owner of a property to receive natural light if they have lived at the property for a period of 20 years or more. With that in mind, if you believe that your right to light is being impaired by new construction or other obstruction then you should be able to raise a dispute with the help of a property lawyer.

If you’re a landlord, then you may fall into a dispute with the tenants living in the property you own. One of the most common disputes between landlords and their tenants is the non-payment of rent. This situation can be very tense and is often due to the financial circumstances of the tenant or because of a previous dispute between the tenant and landlord. For example, the tenant may be withholding rent from the landlord because of repair work that was not completed.

In either of these circumstances, action should be taken early and a property lawyer should be consulted. After getting some advice from a solicitor, the landlord should contact the tenant and emphasise how serious the non-payment of rent can be. A solution might be to make the rent easier to pay for the tenant, but it’s important to get all of the legal advice available to you first.

In this situation, by knowing your rights and the rights of the tenant, you can act legally to reclaim the rent as quickly as possible. Of course, you want to avoid eviction if possible, but a solicitor will be able to guide you on this if this is the only remaining option.

On the other side of the spectrum, tenants may also have disputes that a property solicitor can help to resolve. If there are significant damages to a property that you live in, then it is the landlord’s responsibility to make repairs. The specific responsibility of a landlord is to ensure that the structure of the building is safe and secure. This includes ensuring the walls, stairs, floors and chimneys are structurally sound. It is also their responsibility that all the sinks, baths, toilets, heating, hot water and gas appliances are in working order and safe for use.

If any of the above are not in working condition, and you find yourself at risk of harm because of that, it’s imperative to talk to your landlord to get repairs done. In the vast majority of cases, the landlord will schedule repairs quickly. However, in some cases, they may not. In these circumstances, it’s important not to withhold rent, as this then puts you in the wrong.

You may be able to schedule the repairs yourself and work with your landlord to reclaim that money through a reduction in rent, or you can consider seeking legal action and get a court to order the landlord to repair the building and pay you compensation for any inconvenience or damage to your health.

Seek Professional Legal Advice for Property Dispute Issues from Andrew Lee Property Lawyers

For over twenty years, Andrew Lee & Co Property Lawyers have been helping their domestic and commercial clients across the South East of England with property law. Whether you’re a first time buyer, investor, landlord, developer, or owner of commercial property, we can help you with advice and representation.

Our team of professional lawyers have worked with countless clients and can help you make the right decisions without any jargon and with prices that are transparent.

To find out more, contact us . You can reach us at Andrew Lee & Co Property Lawyers, 37 High Street, Maidstone, Kent, ME14 1JH, call us on 01622 750 101 or email us at info@a-lee.com.