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Commercial Property

Property and Land Disputes

Property and Land Disputes can be time consuming and financially detrimental to a business, no matter the issue. Whether you are in a dispute over a boundary, there have been unreasonable delays in your construction project or there are disagreements over access to part of the property, it is important you seek expert legal advice to assist in reaching a resolution as soon as possible.

Our expert Property and Land Dispute Resolution department are on hand to advise you on your options proposing timely and cost effective solutions which may prevent the issue from escalating to Court proceedings and a trial.  We can support you with various disputes including, but not limited to:

  • Adverse Possessions claims
  • Boundary disputes
  • Building or construction disputes
  • Possession claims
  • Restrictive covenant disputes
  • Rights of way and access disputes

Adverse Possessions claims

Adverse possession is a unique legal principle based on a person or business occupying land that is not legally registered as theirs, whether knowingly or unknowingly, without the owner’s consent. 

Commercial properties can become subject to adverse possession claims for various reasons. For example, if a neighbouring business inadvertently encroaches on a vacant lot's unused portion over a prolonged period, a claim could arise. Similarly, an abandoned warehouse or factory space, left unattended for years, might attract a party seeking to claim it through adverse possession.

Whether you are the party making a claim to become the legal owner of property or land, or you are the rightful owner and wish to oppose a claim, we are here to help.  We can review any evidence that is available and advise as to the likely success of such a claim or defence.

Boundary Disputes

As a business, disputes over boundaries can be expensive, especially when it may lead to you losing a piece of land essential to your business operations.  To ascertain where your boundary is located, you can obtain a copy of the title plan should your property be registered with HM Land Registry.  This will give a general guide of the boundary such as the property address, the owner and details of any restrictions or obligations associated with the property.  For more specific details and measurements, and for unregistered property, you may need to check any historic title deeds.

Boundary disputes can be wide and varied, from the repositioning of a fence or wall, to issues relating to who should maintain the boundary.  No matter the reason, it is best to resolve the issues swiftly to avoid lengthy and costly Court proceedings.  Our expert Dispute Resolution Solicitors can advise on timely and cost effective solutions for you and your business.

Building or construction disputes

Building or construction disputes encompass a range of conflicts that can arise during various stages of commercial property development, construction, and maintenance.  These disputes can involve disagreements between parties such as property owners, developers, contractors, and architects, including issues such as:

  • Construction Delays
  • Design Defects
  • Contractual Breaches

We can advise and assist building contractors and professionals or clients on how best to resolve the issues as swiftly as possible, bearing in mind the financial implications placed on you.  Usually, this will be through Alternative Dispute Resolution methods such as mediation or arbitration in order to salvage any commercial relationship that exists and reach an agreement through compromise.  These approaches can often lead to quicker and less economically draining solutions compared to traditional Court proceedings.  We will review your individual position and work with you to arrive at the best option for you and your business.

Possession claims

Possession claims pertain to disputes over the right to possess and occupy commercial property. These conflicts can arise between landlords and tenants, neighbouring businesses, or even third parties asserting adverse possession, as discussed above. Whether it is a disagreement over lease terms, unauthorised occupation, or eviction matters, our team is well-versed in delivering effective solutions tailored to your specific commercial property requirements.

Restrictive covenants disputes

Restrictive covenants are legal agreements that impose specific limitations or obligations on the use of a property, often aiming to preserve its value or maintain a particular aesthetic. Disagreements relating to covenants are likely to arise between property owners, developers, or businesses seeking to modify or challenge the restrictions, for example:

  • Development Restrictions
  • Alteration Disputes
  • Nuisance and Noise Concerns

Should you find yourself in a dispute over a restrictive covenant relating to your property, contact us today to discuss your circumstances in more detail and to understand your rights and obligations.

Rights of Way and Access Disputes

Disputes often arise over who does or does not have access to commercial property or land, for example your business may have an express right of way contained in the title deeds or the right may have arisen due to long use or necessity, known as a prescriptive easement.  Should access be blocked, you wish to block a person’s access or the access way is not being sufficiently maintained, we can advise on the rights that exist, how to enforce those rights or how to protect them.

Contact our Property and Land Disputes Solicitors

Taking action promptly is the key to resolving any dispute relating to your commercial property or land.  Our expert Dispute Resolution Solicitors are here to understand your position, review your documentation and present to you the best option based on your particular situation to ensure a swift outcome. Contact our Commercial Property Dispute Resolution team in Andover, Romsey, Salisbury, Totton or Witney today using the Contact form, emailing info@parkerbullen.com or calling your local office: