Property Dispute Solicitors

Expert Property Dispute Resolution

Property disputes can be stressful, costly, and time-consuming. Whether you are a homeowner, landlord, tenant, developer, or investor, Legal Merchant's panel of specialist property litigation solicitors provides robust, strategic legal advice to help you resolve your dispute as efficiently and favourably as possible.

Our approach is always to seek an early, cost-effective resolution — through negotiation, mediation, or alternative dispute resolution — before committing to litigation. However, where court action is necessary to protect your interests, our solicitors are experienced and tenacious advocates.

Property Dispute Services

Boundary Disputes

Boundary disputes are among the most acrimonious and costly property disagreements. They arise when neighbouring landowners disagree about the precise location of the legal boundary between their properties. Our solicitors advise on:

• Interpreting title plans and deeds to establish the true boundary
• Expert boundary determination and instruction of surveyors
• Adverse possession claims (squatter's rights)
• Applications to HM Land Registry and the First-tier Tribunal
• Injunctions to prevent further boundary encroachment

Landlord and Tenant Disputes

Our solicitors represent both landlords and tenants in a wide range of disputes, including:

• Residential possession proceedings — including section 8 and section 21 notices (where still applicable), and accelerated possession
• Rent arrears recovery — including county court claims and enforcement
• Disrepair claims — advising tenants on claims against landlords for failure to maintain the property in repair
• Unlawful eviction and harassment
• Deposit disputes — adjudication and county court proceedings
• Commercial lease disputes — including forfeiture, rent review, and lease renewal under the Landlord and Tenant Act 1954

Restrictive Covenant Disputes

Restrictive covenants are obligations attached to land that restrict how it can be used — for example, a covenant preventing development or commercial use. Our solicitors advise on:

• Whether a restrictive covenant is enforceable
• Applications to discharge or modify covenants at the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925
• Covenant indemnity insurance
• Injunction applications to enforce or prevent breach of covenant

TOLATA Claims (Trusts of Land)

Disputes over the beneficial ownership of property — often arising between unmarried couples, family members, or business partners — are governed by the Trusts of Land and Appointment of Trustees Act 1996. Our solicitors handle:

• Claims for a declaration of beneficial interest in a property
• Applications for sale under TOLATA
• Resulting and constructive trust arguments
• Proprietary estoppel claims

Rights of Way and Easement Disputes

Disputes about rights of way — whether over a shared driveway, footpath, or access route — can significantly affect your enjoyment and use of your property. Our solicitors advise on:

• Whether a right of way exists and its precise scope
• Prescriptive acquisition of rights of way
• Blocking or interfering with rights of way
• Termination of easements

Service Charge Disputes

Leaseholders who consider their service charges unreasonable have significant legal protections. Our solicitors advise on:

• Challenging service charges in the First-tier Tribunal (Property Chamber)
• Reviewing managing agent accounts and demanding accounts and information
• Right to Manage applications
• Collective enfranchisement (purchasing the freehold as a group of leaseholders)

Our Approach to Property Disputes

Property Dispute FAQs