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Property - Frequently asked questions

• Our neighbours want to make changes to the boundaries; what can we do about this?
• Our neighbours are claiming that part of our property is theirs; what can we do about this?
• Are there any regulations about repairing or altering party walls?
• We need to go onto our neighbour's land to repair and maintain the hedge/wall/fence; they do not want us to go into their garden, do we have any rights?
• Will I have to go to court?
• What will it cost me?
• Are there any other schemes available?
• What information do I need to prepare?
• Why are landlord and tenant disputes important to resolve?
• Will I have to go to court?
• What will it cost me?
• Are there any other schemes available?
• What information do I need to prepare?

Our neighbours want to make changes to the boundaries; what can we do about this?

You should ask us to obtain copies of your deeds as soon as possible, so that your precise rights and obligations are known.

Our neighbours are claiming that part of our property is theirs; what can we do about this?

We would again need to see copies of your deeds as soon as possible, so that your precise rights and obligations can be determined.

Are there any regulations about repairing or altering party walls?

There is now legislation, The Party Walls Act, which sets out clear procedures. It is most important that you obtain expert legal advice before carrying out any work

We need to go onto our neighbour's land to repair and maintain the hedge/wall/fence; they do not want us to go into their garden, do we have any rights?

Again there is now legislation, called the Access to Neighbouring Land Act, which may help you, and, if the difficult neighbours are made aware that you might have rights under this legislation, they may be more co-operative. Advice from a property lawyer is essential as early as possible

We are not sure who owns one of our boundaries, and this now needs repair; can you tell us from the deeds?

It may well be clear from the deeds, although it cannot always be ascertained. We may have to dig deeper.

Will I have to go to court?

Property disputes are the cases which most often find their way into the courts. Positions become quickly entrenched and the evidence, largely in the form of documents, is such that parties consider that they need their day in court to pronounce upon what has been agreed or what has been sold. However, at Mowbray Woodwards we are also keen to take advantage of the alternative areas of dispute resolution which can bear fruit in this area.

Mediation is growing in popularity and can be useful in allowing the parties to the dispute to come to their own agreement, all at a fraction of the cost of going to court. At Mowbray Woodwards, we have strong links with the bodies offering mediation and can advise on this course if appropriate. In any event, wherever possible we would aim to come to an appropriate settlement short of court action as we appreciate that most clients prefer a quick resolution rather than a protracted fight through the court system. We will not sell you short however. Any advice provided in respect of a settlement will be provided on a realistic basis. We aim neither to undervalue nor overvalue your claim. Both can lead to needless problems.

If court action is necessary we have the diversity of backgrounds and depth of experience which can manage your case efficiently, with access to a wide variety of specialist experts in various fields and also access to barristers to provide more specialised advice. Your case will be prepared thoroughly and professionally to maximise your chances of success. You should always remember that even if it looks as if you will have to go to court, it is often the case that settlements are reached at the last minute.

What will it cost me?

Litigation is an expensive business - especially when feelings are running high and deeds are involved. For the more complex cases expert evidence may be required and the experts' reports are particularly expensive.

Are there any other schemes available?

It may well be that if you have house contents insurance or a variety of other personal insurance schemes, then you should check your policy carefully to see if you have linked legal expenses insurance. If this is the case you may be entitled to free legal representation. A word of warning however. You should check the small print very carefully as most policies limit the type of event covered and often have a limit on value. Such policies also usually require that you use one of its panel solicitors who could be anywhere in the country. You are still free to instruct a solicitor of your choice, but you must generally write to the company giving reasons for the choice.

What information do I need to prepare?

The deeds will be the most important documents in such disputes. Any correspondence you may have entered into will also be vital.

Why are landlord and tenant disputes important to resolve?

This is a vital area for those involved. Whether you are a private landlord or tenant, or a commercial landlord or tenant, the implications for a breakdown in the relationship can be great. Whether rent is not being paid; there are problems over who has the obligation to maintain and repair the property; or exercising the various clauses within the lease, rent review, break clauses etc, each can have a dramatic affect on the other in terms of living conditions, income, cashflow etc. Such disputes are often the most acrimonious. We have found through experience that providing an impartial perspective, both on the details and value of the dispute is of great importance from the outset and throughout the course of the case if the dispute continues.

Will I have to go to court?

Property disputes are the cases which most often find their way into the courts. The evidence, in the form of the lease and any other related documentation such as schedules of condition or dilapidation, is such that parties consider that they often need these interpreted by experts and adjudicated upon by a Judge. At Mowbray Woodwards we recognise this and have the diversity of backgrounds and depth of experience which can manage your case efficiently, with access to a wide variety of specialist experts in various fields and also access to barristers to provide more specialised advice. Your case will be prepared thoroughly and professionally to maximise your chances of success. You should always remember that even if it looks as if you will have to go to court, it is often the case that settlements are reached at the last minute.

However, at Mowbray Woodwards we are keen to take advantage of the alternative areas of dispute resolution which can bear fruit in this area. Mediation is growing in popularity and can be useful in allowing the parties to the dispute to come to their own agreement, all at a fraction of the cost of going to court. At Mowbray Woodwards, we have strong links with the bodies offering mediation and can advise on this course if appropriate.

In any event, wherever possible we would aim to come to an appropriate settlement without court action as we appreciate that most clients prefer a quick resolution rather than a protracted fight through the court system. We will not sell you short however. Any advice provided in respect of a settlement will be provided on a realistic basis. We aim neither to undervalue nor overvalue your claim. Both can lead to needless problems.

What will it cost me?

Litigation is an expensive business - especially where complex legal documents are involved. For the more complex cases expert evidence may be required and the experts' reports are particularly expensive. However, there are various schemes which exist and are designed to help you.

Are there any other schemes available?

It may well be that if you have house contents insurance or a variety of other personal insurance schemes, then you should check your policy carefully to see if you have linked legal expenses insurance. If this is the case you may be entitled to free legal representation. A word of warning however. You should check the small print very carefully as most policies limit the type of work covered and often have a limit on value. Such policies also usually require that you use one of its panel solicitors who could be anywhere in the country. You are still free to instruct a solicitor of your choice, but you must generally write to the company giving reasons for the choice.

What information do I need to prepare?

The lease and any attendant schedules relating to the property will be the most important documents in such disputes. Any correspondence you may have entered into will also be vital.