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Land, Building and Agricultural Disputes: A Comprehensive Guide for Resolving Property Disputes

A Comprehensive Guide for Resolving Property Disputes

Disputes about land and buildings come in all sorts of guises …

1. Property Litigation

We will discuss all aspects of your case with you and advise you on the best steps to take to manage your dispute.

We deal with issues relating to:

Commercial buildings

• Design and construction defects/ disrepair
• JCT contract disputes
• Cladding • Major structural defects – Building Safety Act 2022
• Easements – rights to light/ drainage
• Business lease renewal – dilapidations and forfeiture

Residential leasehold properties

• Rent and disrepair
• Service charges
• Forfeiture
• Seller’s misrepresentation

Tenancies – Residential/ company/Agricultural

• Rent and disrepair
• Unlawful eviction

Repossession

• Banks/building societies
• Bridging lenders
• Receivership

Professional negligence

• Conveyancers
• Architects
• Surveyors
• Engineers

Consumer disputes

• Defective kitchens/bathrooms
• Caravans/mobile homes

Land Registry

• Rectification of title
• Adverse possession
• Registration of charges



Land disputes

• Easements – rights of way/ parking and turning/drainage/ riparian rights
• Adverse possession
• Boundaries
• Sinkholes
• Planning disputes
• Ransom strips

Homeowners and neighbours

• Restrictive covenants
• Party wall disputes
• Boundaries/hedges/fences/ ditches
• Harassment
• Trespass and encroachment
• Nuisance
• Extensions

Purchases and sales

• Seller’s misrepresentation
• Options to purchase
• Auctions
• Specific performance of contracts for sale
• Possession
• Property Fraud
• Overage

New Builds

• Defective builds
• National House Building Council ‘NHBC’

Ownership disputes
between unmarried couples

• Trust of Land and Appointment

We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.

We work proactively with our clients, offering comprehensive advice at each stage. We aim to secure a successful outcome for you and produce solutions to resolve your dispute.

We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues.


2. Neighbour Disputes

As property specialists, we understand the problems that can arise in relation to disputes between neighbouring residential property owners.

A neighbour dispute can involve an argument about building extensions; boundary structures (fences and walls including party walls); interference with rights of way or rights to light; parking/turning rights; overhanging trees; noise disturbance; interference with privacy from CCTV cameras; and many other issues.

On occasion, emergency action may have to be taken by applying to the court for an injunction against a neighbour who is hostile, intimidating and threatening or a neighbour who ignores your objection to building extension works. These situations can be very stressful.

An experienced property litigator is essential to provide the benefits of sound advice and representation. The ability to provide practical, legal and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team, headed by Paul Magee, provides a service that is second to none.

The nature of these disputes varies greatly as does the type of client. We have acted for both claimant and defendant in a range of complex and challenging cases including important Court of Appeal decisions. We also work closely with specialist barristers and expert surveyors.

Generally, our property clients include:

  • Homeowners
  • Commercial or residential landlords and tenants
  • Developers
  • Property management companies
  • Institutional and private lenders
  • Estate and letting agents
  • Professional building and land surveyors
  • Architects
  • Engineers
  • Conveyancers
  • Local authorities
  • Housing associations
  • Church authorities
  • Charities
  • Care homes

Call Paul Magee and his team on 0161 667 3686 or email 
Paul.Magee@prosperitylaw.com

Get in touch

Partner and Head of Dispute Resolution – Commercial Property and Contested Probate

Paul Magee

Partner and Head of Dispute Resolution – Commercial Property and Contested Probate
property planning disputes sub image

What our clients say

I had the privilege of working with Jane Lynch at Prosperity Law on an incredibly emotional and challenging case. From the moment we started, Jane demonstrated unparalleled professionalism and understanding. She handled the complexities of the case with such care and attention, always keeping our best interests at the forefront. Throughout the process, her expertise and compassion were truly exemplary.

She made a difficult situation much more manageable, and I cannot recommend her services highly enough. If you’re looking for a lawyer who is both skilled and empathetic, Jane is the one to turn to.

Medical Negligence Client

Paul was recommended to me by a mutual acquaintance. And from our first meeting he was confident that he could achieve a successful outcome. 

The team have been reliable and diligent every step of the way and have done all that was required for us to win. I’m grateful to them – and would highly recommend them to anyone who finds themselves in a similar position.

Mr Cathcart, Former Professional Premier League & International Footballer

The team have been helpful and communicative. On a personal level I have found the service immensely helpful and insightful and have found your personal support and guidance, in the way you have lead our HR matters, to be truly outstanding. What I have enjoyed is your ‘realistic and no nonsense’ style that breaks down the legalities into easy to understand points that allow me, as the business manager, to execute matters in line with the legal process

Julie Ebrey , Hardenberg Ltd

Prosperity Law is exceptional both in terms of ability and professionalism. Their knowledge of commercial law is first-rate, which has given us the confidence to refer our clients to them knowing that their issues – often complex and sensitive – will be handled with the utmost skill. Their results are outstanding. We trust Prosperity Law and recognise them as a safe and innovative pair of hands.

Richard Bower-Lowe, C&C Insurance Brokers Ltd

We have worked with Ed Smethurst and his growing team on numerous charitable and commercial projects over the last 10 years. I continue to be impressed by Prosperities ability to successfully guide us through complex contractual situations, advising professionally and sympathetically towards balanced and rewarding outcomes

Chris Richardson, Lancaster Foundation

It is always a comfort to receive a recommendation from within the upper echelons of the legal fraternity when seeking a legal service provider. We have not been disappointed with the service and expertise offered by Prosperity Law. An honest and pragmatic approach to all matters has helped build a relationship to meet the often technically demanding legal requirements of the PFCA.

Professional Financial Claims Association

We have worked closely with Prosperity Law LLP for a few years and they have successfully handled a number of legal matters for us. The office staff and legal team always ensure we get a quick response and they encourage time spent face to face. Everything is always handled and explained in a very professional manner and we consider them a key partner and value their expertise highly.

Richard Duckworth, INKTECH Ltd

I am delighted to provide a testimonial for Prosperity Law LLP. We are now into our second year since we appointed Prosperity to handle our more contentious professional liability claims and we are more than happy with their extremely diligent and very professional service. Responses to appointments are invariably both timely and productive and we have never had cause to doubt the quality of advice provided. We would be happy to recommend Prosperity Law to act in any professional or commercial dispute matter.

Chris Schofield, Trafalgar Insurance Company Ltd.

I just wanted to thank you for how assertive you where with the Birmingham deal. Without the efficiency from your side, the project wouldn’t of happened, it leaves me with great confidence going into the next project, knowing our legals are in hand with yourself and prosperity.

Dan Bolger, Ghetto Golf

I was lucky enough to secure the services of Warren Kaye, Prosperity Law. Warren was extremely diligent at all stages of the conveyancing process. There were some tricky times but Warren remained calm and dealt with everything superbly. I would go as far as to say, if I hadn’t had Warren as my solicitor I may well not have been sitting in my new house typing this review. Fantastic service and would definitely recommend and use again. Thank you.

Sandra Cheetham

I was very happy with the service received by the solicitor Paul Magee at Prosperity Law LLP solicitors in Manchester in relation to a property dispute. I cannot recommend him highly enough. Paul was really helpful and supportive.

Gabriela Granada

I had the privilege of working with Suzanne from Prosperity Law for my recent workplace accident claim, and I can’t speak highly enough of her professionalism and expertise. Suzanne’s dedication and commitment to my case were truly exceptional. She guided me through the entire process with clarity and precision, making a challenging situation much more manageable. I would not hesitate to recommend Suzanne and Prosperity Law to anyone in need of legal representation. Her outstanding work has made a significant positive impact on my life, and I’m more than happy to acknowledge her exceptional service.

Monika Gorynia, Private Client

Huge thanks for all your help, knowledge and experience. You recently carried out the sale of our business and the tenancy agreement for the property/land. Although the transition of the sale was very stressful, it was reassuring having you deal with all the legal matters.

Business Owners

I recently used Prosperity Law for a personal legal matter. I spoke to Paul Magee who provided me with excellent, sound legal advice and recommended the course of action I should take. He was able to allay my fears and put my mind at ease in what has been a very stressful time. I would highly recommend Prosperity Law and in particular Paul Magee for his guidance and support.

David Hill

Having worked with Alex for a number of years and referred hundred of clients wishing to purchase or sell their business and commercial property, I would not have any hesitation in recommending his services.

Alex takes a pro-active, client focused, proportionate approach to transactions ensuring that he is able to turn deals around at a pace to suit the client, in a proper manner. More importantly,  throughout the whole process Alex goes the extra mile to keep clients up to date and is always contactable to answer questions and get the job done.

Being very experienced in his field, he is able to propose practical solutions to problems and rely on a wealth of knowledge to overcome the hurdles than can arise; and has empathy with his clients anguish, providing them with the reassurance they need.

Craig Graham, Hilton Smythe Group

We’d love to hear from you! Send us a message using the form opposite, call us or follow us for the latest updates.

Manchester
0161 667 3686
Mon-Fri 9am-5.30 pm
Liverpool
0151 958 0057
Mon-Fri 9am-5.30 pm
London
0204 513 7306
 
Mon-Fri 9am-5.30 pm
Leeds
0113 246 7878
Mon-Fri 9am-5.30 pm
Chester
01244 450 782
Mon-Fri 9am-5.30 pm

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Prosperity Law LLP is a Limited Liability Partnership (LLP) registered in England and Wales with company number OC340697.   Authorised and regulated by the Solicitors Regulation Authority (SRA ID 533585).  Carrick Read Insolvency is a trading name of Prosperity Law LLP.  A list of members is available for inspection at the registered office together with a list of those non-members who are referred to as partners.  We use the word partner to refer to a member of the LLP, or an employee or consultant with equivalent standing qualification.

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