Property Litigation
We are very experienced in Property Litigation.
Our firm has been a specialist litigation firm since its inception.
Property litigation consists of disputes concerning land. (We have a separate page about landlord and tenant law.)
Examples of property litigation matters which we have dealt with include:
- Rights of light disputes – including preventing the acquisition of rights to light by way of the registration of a light obstruction notice (LON) with the Local Authority.
- Claims for infringement of rights of way and other easements (namely rights over adjoining land).
- Disputes about restrictive covenants affecting land.
- Claims for nuisance against adjoining owners/occupiers – This includes (but not limited to):
- Water penetration.
- Excessive noise and disturbance.
- Dust from building works.
- Disputes over property ownership – This includes:
- Defending against claims of ownership of land by adverse possession.
- Claiming ownership of land by adverse possession.
- Endeavouring to rectify the Land Registry following fraudulently signed transfers of land.
- Professional negligence claims following the acquisition of land with a defective title. For example, the existence of rights affecting the land which were not disclosed by the conveyancing solicitor.
- Co-ownership disputes – This comprises a reasonable amount of our case load. This involves not only issues such as the sale of the co-owned land but also issues such as equitable accounting. This is where one party has improved the land or where the land has been mortgaged to provide money for the business of the other party or to provide for land acquisition by the other party.
Property Litigation Solicitors in Bloomsbury, Finchley and Hatfield
Our work in Property Litigation is closely linked with our insolvency/bankruptcy practice. It is common for trustees in bankruptcy to claim for possession of the land. We can assist in defending against these claims.
The same principles apply to co-ownership disputes between non-married partners, as well as between a party and trustee in bankruptcy of their spouse or cohabitee.
We can recommend specialist brokers who will endeavour to obtain finance in this situation to buy out the interest of the other party.
Defence against Charging Orders
A creditor may have obtained a Charging Order over land, normally for a relatively modest amount. The creditor may make an application to the Court to sell the land. This is another example of cases which we deal with and can assist you with.
Please contact our Senior Partner Simon Aaron, Telephone number 0208 446 6223 or email simon.aaron@sr-law.co.uk.