Over the pandemic, people spent far more time than usual at home. One consequence appears to have been that many people began to notice things they may have otherwise overlooked such as boundaries, fences and the neighbour’s brand new extension. Our property litigation team saw the number of residential property disputes rocket during lockdown. John Gorner, a consultant in the team, shares his advice on whether starting an official dispute is worth it.
What are the factors to reflect on before taking any steps in a property dispute?
If you’re thinking of getting in touch, the most important questions to consider are often non-legal issues such as:
- What are the plans you and your family have for your home?
- Is it your forever home?
- Are you planning on moving in the foreseeable future?
- What is the likely effect on your life of a dispute with a neighbour?
- How important is it to you to protect the value of your home?
- Do you have a mortgage and what vies of any dispute would your mortgage lender take?
The legal position is of course crucial, but people often don’t realise that non-legal issues can influence the best way forward.
For example if you have an unresolved boundary dispute, you may have a major problem in selling your property. On the basis that a property is only worth what you can sell it for, anything that reduces the chances of selling will adversely affect the value of your home, often by a very substantial sum. Further, a mortgage lender may refuse to lend money secured on a property where there is an unresolved boundary dispute, again reducing saleability and thus value.
Should I raise the property dispute or not?
Conversely, in some cases it is vital that you raise the issue. If you do not this may also cause problems when you try to sell your home.
The crucial point is that before doing anything, take legal advice from an expert. You will be guided as to whether it is best to raise the issue and, if so, how this should best be done.
In many cases the matter can be resolved, and any agreement set out in writing and where necessary registered with the Land Registry. This will resolve any issues either party would otherwise have when selling their property.
What else should I consider?
A major factor in these cases is legal costs.
Sometimes parties want to fight over a miniscule area of land, which has little or no intrinsic value. If Court proceedings are issued, the general rule is that the losing party has to pay the other party’s legal costs. If a boundary dispute gets out of hand, it can bankrupt one of the parties.
You need solicitors who know what they are doing and who are committed to resolving matters out of Court by alternative dispute resolution (“ADR”). ADR is a way of resolving a dispute without going to Court, the best known method of which is mediation. The vast majority of our cases settle out of Court.
Why should I choose Slater Heelis?
We have been in business for 250 years. We know what we are doing.
We have got a team of specialist solicitors. We also have a panel of experienced surveyors who specialise in boundary and related disputes who can access crucial evidence including aerial photographs and historical information. We also have a team of specialist property barristers who provide crucial support when needed.
Final thoughts
Take advice, from specialists and do so very early on. We support clients through this stressful process by mapping out a strategy that aligns with your interests.
You can read more of John’s advice in his interview with Manchester Evening News here.
Contact Us
If you would like to talk to one of our property dispute specialists, call us on 0161 969 3131 or fill in our confidential contact form. One of the team will be in touch at the earliest opportunity.