Property disputes rarely stay contained to paperwork. They touch on family relationships, financial security and, often, the home someone lives in — which is why getting the right legal advice early matters as much as getting it right. Property dispute solicitors advise on and resolve disagreements over ownership, boundaries, co-owned homes and land rights, using negotiation, mediation or court proceedings where needed. Adam Bernards Solicitors offers a free consultation so you can understand your options before committing to any next step.
This guide explains the most common types of property dispute in England and Wales, how the process typically unfolds, and what to expect when you speak to a solicitor for the first time.
What counts as a property dispute?
Property disputes cover a wide range of disagreements connected to land or buildings, rather than one single legal claim. The most frequent types our clients bring to us include:
- Boundary and fence disputes — disagreements over where a legal boundary sits, who owns a fence or hedge, or encroachment onto neighbouring land.
- TOLATA claims — disputes between co-owners, unmarried partners or family members over who owns what share of a jointly held property, brought under the Trusts of Land and Appointment of Trustees Act 1996.
- Proprietary estoppel and beneficial interest claims — where someone who isn’t on the legal title argues they still have a stake in the property because of a promise made or contributions towards it.
- Right of way and easement disputes — disagreements over access, shared driveways or rights that run with the land.
- Adverse possession claims — where someone has occupied land for a long period and seeks to establish legal ownership of it.
- Landlord and tenant disputes — disagreements over occupation, service charges or possession that spill into property litigation.
Each of these follows a different legal route, so identifying which category a dispute falls into is usually the first task a solicitor will carry out.
Common mistakes people make before instructing a solicitor
We regularly see the same avoidable errors when clients come to us partway through a dispute:
- Waiting too long to act. Boundary and co-ownership disputes tend to escalate the longer they’re left unresolved, and delay can weaken certain legal arguments, particularly around adverse possession or estoppel.
- Relying on verbal agreements. Informal understandings about contributions, occupation or future ownership are difficult to prove without contemporaneous evidence such as bank transfers, messages or a cohabitation agreement.
- Approaching the Land Registry alone. Applying to correct a boundary or challenge a title without legal advice can create procedural problems that are costly to unpick later.
- Assuming a dispute must go to court. The majority of property disputes we handle are resolved through negotiation or mediation, which is quicker and considerably less expensive than litigation.
Our property litigation team advises co-owners, family members, landlords and homeowners across London on the full range of property disputes, from an initial boundary disagreement with a neighbour through to a contested TOLATA claim. We:
- Assess the strength of your position and the realistic outcomes before you commit to any formal step
- Attempt early resolution through correspondence, negotiation or mediation
- Prepare and issue court proceedings where a resolution can’t be reached
- Advise on costs at every stage, so there are no surprises
- Represent you at hearings and, where appropriate, instruct barristers on complex or high-value matters
Solicitors at Adam Bernards Solicitors are SRA-regulated and listed on the Law Society’s Find a Solicitor directory, and we offer 24/7 phone contact plus free video consultations by Zoom, Teams, WhatsApp or Skype for clients who can’t attend our High Holborn or Upton Park offices in person.
