Property Rights and Interests

Any interference with land from nearby properties can be direct or indirect. This includes things such as encroaching tree toots, Japanese Knotweed, anti-social noise and unpleasant smells. These are considered nuisances. Unlawful occupation by others is known as trespass. 

Easements

The legal right to use another person’s property or land in a prescribed way.

• Rights of way
• Rights of access 
• Easements for drainage, water and gas pipes, electricity and telephone cables and other service media 

We can advise on:

• The creation of easements – whether an easement exists   
• The extent of an easement  
• What constitutes an obstruction or interference with an easement 
• Contribution to costs of maintenance 

Restrictive covenants

A restrictive covenant imposes limitations on what property owners can do on their land. Developers will typically impose restrictive covenants on individual plots to preserve the character and value of the estate as a whole. 

We can advise on:

• The interpretation and enforceability of a restrictive covenant
• Whether a restrictive covenant has been breached and the consequences for either party
• Dealing with an obsolete restrictive covenant by applying to the Lands Tribunal for it to be discharged or modified 
• Whether there is a claim in negligence against the conveyancing solicitor if the covenant was not brought to attention prior to purchase and the client suffered losses as a result of the breach

Adverse possession

Adverse possession applies when a person claims ownership of land. They do not have legal title to the land, but instead base their claim  on their history of using the land, which has been done without the legal owner’s permission.

We can:

• Advise occupiers on the requirements for making a successful claim for adverse possession
• Guide landowners on how best to prevent potential claims 
• Review and advise either party on the merits of an occupier’s potential claim based on the historical evidence available and the process involved in making/objecting to the application  
• Represent either party in making or objecting to a Land Registry claim for adverse possession 

Boundary Disputes

We can:

• Advise on as to whether a legal issue relates to a party wall or a boundary wall
• Advise on the rights and responsibilities of property owners in relation to party walls as set out by the Party Walls etc. Act 1996.
• Consider and advise on all of the evidence which may assist in resolving a contested legal boundary between neighbouring properties such as considering title deeds and other property documentation as well as any extrinsic evidence such as photographic evidence, OS plans and surveyor’s expert evidence
• Examine all of the evidence to advise on whether an activity carried by a  property owner constitutes an encroachment or trespass onto/over the boundary adjoining another’s land.