We work collaboratively with planning consultants as part of a joint effort to present the strongest case possible in property planning disputes.

The grant of planning permission for building work can lead homeowners into the mistaken belief that once planning is granted, they cannot be blamed and held liable if the building work, such as an extension, infringes the rights of a neighbouring owner. An example may be the extension or building blocks or reduces the enjoyment of light. This problem can result in emergency court injunction proceedings being issued. 

Planning permission may be granted for construction work to begin but there may be issues over access to the land that could give rise to a dispute about a ransom strip. This was the position with one of our professional footballer clients who obtained planning permission, but his previous conveyancing solicitors were negligent as they failed to identify an access problem that meant the land was landlocked. 

A homeowner may oppose an application for planning permission for a new building or a change of user of an existing building. To support an application for planning permission or to object to an application, specialist survey reports may be beneficial. 

An objector to planning permission should not just limit their focus on the planning process but at the same time, consider whether it is appropriate to pursue civil court action to obtain a court remedy such as enforcing a restrictive covenant or obtaining an injunction. 

A claim for damages for infringement of a right to light or other easement or encroachment by a building over a boundary can be very substantial. 

A specialist property litigation solicitor should be instructed. Prosperity Law’s property litigation team is headed by Paul Magee, a solicitor with 30 years of experience. Paul was the solicitor in the successful case of Wallace v Manchester City Council 1998 which involved a claim arising from defects in a residential property in Manchester. In this case, the Court of Appeal laid down the principles for assessing compensation in both residential and commercial properties. He has acted in several other important Court of Appeal cases and has dealt with complex and multi-million-pound claims. 

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 provides a service that is second to none. 

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 including Court of Appeal decisions. 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.