Professional Negligence Disputes
Professional Negligence Disputes
Unfortunately, even professionals get things wrong including in property transactions. Mistakes can result in substantial financial loss.
Professionals include surveyors, architects, engineers, estate agents, letting agents, property management companies, developers, construction companies, conveyancing solicitors and many others.
All sorts of mistakes can occur. Examples include: a home buyers survey report may be flawed because the surveyor failed to identify defects that impact adversely on the property’s value and marketability; a conveyancing solicitor may have failed to carry out searches and not advised correctly on boundaries; an architect or engineer may have produced defective drawings; a developer may have failed to use suitable cladding in the construction of a building; and a builder may have used the wrong materials, such as roof tiles or failed to exercise reasonable skill and care in carrying out the work, for example, a roof or extension.
An experienced property litigator can 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. He has acted in several important Court of Appeal cases and has dealt with complex and multi-million-pound claims.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. 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. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. 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 are also commercially-focused and produce solutions to resolve your property dispute.
In addition to dealing with professional negligence disputes, our specialist team can advise across a range of property matters including:
- Property purchase disputes including Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as dilapidation claims, forfeiture for breaches of covenant and statutory compensation.
- Construction and repair issues including disrepair and defects in a building arising from construction or lack of repair and maintenance including the Building Safety Act 2022; and enforcing a covenant in a lease relating to rent, disrepair, or some other obligation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Possession disputes including as forfeiture of a commercial or residential lease; landlords seeking to recover possession of the tenancy; mortgage and bridging finance claims for possession; and tenants unlawfully evicted.
- Private land rights and neighbour disputes including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; planning disputes; and problems with difficult neighbours (interference with boundary structures).
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
