Property Litigation

Boundary disputes

Boundary disputes arise when two neighbours disagree on where a boundary line for a property sits, and can be as simple as one neighbour moving a fence line closer to the other. Other common disputes can be who has responsibility over a fence, or the issue that come with work that is being done.

The Civil Procedure Rules 1998 set out a specific protocol which must be followed when dealing with a boundary dispute, and the first step is engaging in open communication with your neighbour.

Swift legal intervention is often needed in these matters to keep tension to a minimum and preserve the relationship you have with your neighbour.

Cramp and Mullaney’s litigation team can provide expert advice on boundary disputes, the rights you have and the remedies available to you.

Adverse Possession

Adverse possession means someone has occupied a piece of land that legally belongs to somebody else, without permission, for a long enough period of time (usually 10-12 years) for them to be able to submit an application to the Land Registry to have the land transferred to their ownership.

There are several facts of the matter which you need to establish by law, to be able to bring, or defend, a successful claim for adverse possession.

Whether you are looking to make an application for adverse possession, or dispute an application which has been made, Cramp and Mullaney can offer you expert advice and show you the way forward.

Leasehold disputes

Freeholder and Leaseholder disputes are becoming increasingly common, and can be related to things such as service charge disputes, lease forfeiture, ground rent, lease extensions and other issues that arise during the course of a person’s tenancy.

A freeholder (essentially the landlord) is somebody who owns the building, and the land it sits on. A freeholder has certain statutory responsibilities such as maintaining the common areas, ensuring all insurances and legal requirements are met, and ensuring the waste collection services are in place.

Likewise, a leaseholder (a tenant) is a person who has ownership over their unit, but not the ground it sits on. While a leaseholder does not have all of the same responsibilities as a freeholder, leaseholders are responsible for many other things, such as paying service charges, ground rents and behaving in a tenant-like manner.

If you are a leaseholder, freeholder, RTM company, lettings manager or a block management company, we can offer advice on leases and any disputes that may arise or have arisen.

Neighbour disputes

Neighbour disputes can arise when neighbouring property owners have disagreements or conflicts over various issues related to their properties, land use, or behaviour. These disputes can be a source of tension and stress, and swift legal intervention is needed to come to a resolution, whether that be opening lines of communication or pursuing further legal action, such as a civil injunction.

Cramp and Mullaney can provide pragmatic legal advice on any neighbour dispute and advise on the best way forward. Examples of disputes we have dealt with are right to light claims, boundary and party wall disputes and nuisance claims.

Planning permission and refusals

Planning permission is a legal requirement before undertaking any significant work on your property. There are several considerations you need to think of before completing work, such as right to light claims, boundary disputes and neighbour disputes. It is important to get early advice and check the paperwork for your property to ensure you will not be breaching any covenants or laws before completing, or applying to complete, work on your property.

Cramp and Mullaney can offer advice before you apply for planning permission to ensure you are acting lawfully, and not wasting precious time and money.

Service Charge Disputes

A service charge is a fee payable to the Freeholder by the Leaseholder, to ensure the common areas and shared spaces of the property are kept up to standard. Examples of this include hallways and stairs in flats, car parks in commercial premises and outside maintenance in leasehold properties.

If a lease is poorly drafted and the wording is too vague, the leaseholder and freeholder can be in dispute over how much the service charge should be and what this includes.

Cramp and Mullaney can help both leaseholders and freeholders by drafting a new lease, reviewing a lease that is already in place, and providing advice on any disputes that have arisen.