Unfortunately, conflicts cannot always be resolved. We can help quickly resolve your dispute so you can go back to enjoying your property.


Geoffrey Stagg
Geoffrey Stagg
Partner - Property Disputes

Whatever the nature of your property dispute, our specialist contentious property team is here to make the process as stress-free as possible for you.  We regularly act for landlords and tenants, bringing and defending claims and assisting individuals, small and large businesses as well as professional organisations.

Our professional team is experienced in dealing with residential, commercial and mixed-use property.  This places us in the ideal position to advise on your property dispute regardless of the circumstances.

Our property team can assist you with the following matters:

  • Repossession of Residential Property (including squatters)
  • Repossession of Commercial Property
  • Adverse Possession Claims
  • Service Charge Disputes
  • Conveyancing Disputes
  • Neighbour Disputes (including party wall & boundary)
  • Enfranchisement Disputes
  • Lease Extensions
  • Enforcement of Mortgages
  • Enforcement of Lease Obligations
  • Right to Manage

Our specialist property team also works closely with our professional negligence team and regularly assist with claims arising out of surveyors’ and solicitors’ negligence in relation to the property.  They also work with our insolvency team to assist with disputes arising out of personal and corporate insolvency proceedings.

 

If you are having issues with a property you own, a property you rent at either home or work, contact the experts at MW today and get the advice and assistance you need to get your property issues resolved.

The team may be contacted on 0203 551 8500 or on enquiries@mwsolicitors.co.uk

Squatting is occupying someone else’s property without their permission.

Is Squatting a Crime?

Squatting in a residential property is a criminal offence when the following applies:

  • The squatter has entered the property without the owners permission (trespassing)
  • The squatter must have known that they were trespassin, and 
  • They must live, or intend to live, in the property for any period of time.

The offence does not apply to legitimate tenants who fall behind on payments, or refuse to leave at the end of their tenancy agreement, even if they leave and then re-enter the property.

The first step to evicting a squatter is to apply for a Court Order. If the trespasser disputes the owner’s entitlement to recover possession of the property, a hearing will take place in front of a Judge.

We Can Help

 

At MW, our mission is "To make quality legal services accessible to everyone" including property owners who need help evicting squatters from their properties.  Our expert property disputes Solicitors know that when you are involved in a dispute it can be a stressful and expensive process.  We are here to provide pragmatic and cost effective solutions to end your dispute quickly.

Call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

Dilapidation is the compensation paid by the Tenant(s) to the Landlord at the end of  lease if they do not return the property in the condition set out in their lease.

The Landlord cannot expect a property to be returned to them in a ‘new’ condition, therefore, the only conditions the Tenant(s) must meet are the ones specified in the lease.  Disputes between Landlords and Tenants often arise as a result.

We Can Help

At MW Solicitors, our Mission is "To make quality legal services accessible to everyone" including Landlords and Tenants.  We undertand that when you are involved in a dispute it can be a stressful and potentially expensive process.

Our expert property disputes Solicitors are here to provide pragmatic and cost effective solutions to end your dispute quickly.  If you need high quality specialist Property Disputes advice delivered in a timely and cost efficient manner, call us today on 0203 551 8500 or email us at enquiries@mwsolicitors.co.uk

 

 

A trust of land is a trust of property which consists of, or includes land.

Types of Trusts

  • Express Trusts - are where the legal owner(s) of the property declare that they hold the property on trust for specified beneficiaries. The declaration will also set out the proportions, or ways, in which they are to hold beneficial interest.

  • Implied Trusts - are trusts which have not been expressly defined as being a trust in any legal documentation. There are two types of implied trusts:

    • Constructive Trust – is an agreement, understanding or promise between 2 parties. There may also be an express agreement or there may not, but in either situation, the Court will look at all the evidence when determining the share of each party.

    • Resulting Trust – is when party B, (the person who believe they have a right to a share in the property), has made a direct financial contribution to the purchase of the property, which is solely in party A’s name, (the person who has the sole legal title to the property).

Dispute Applications and Advice

The Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) gives the Courts certain powers to resolve disputes about the ownership of land. There are two main types of applications that you can make under the ToLATA, in order to resolve the following disputes: 1) to decide who is entitled to occupy, 2) to decide the nature and the extent of the ownership.

If you are planning to make an application, you should consider resolving the dispute with ‘Alternative Dispute Resolution’ (ADR) before court proceedings. The two most frequently used methods are mediation and negotiation. Even though ADR is not compulsory, it is heavily encouraged. If court proceedings are issued, the Judge will most likely be interest to see if ADR was tried first.

Court Proceedings

If court proceedings are issued, before they start the claimant is required to summarise the dispute and what they propose the court to do in a letter, called a ‘Pre-Action’ letter. The letter should also identify any documents in which the claimant intends to rely on in support of the proposed claim. The letter should then ben sent to all co-owners, whether they are legal of beneficial owners of the land in dispute.

We Can Help

At MW, our mission is "To make quality legal services accessible to everyone" including those who are in dispute over ownership of land or property. 

Our expert property disputes Solicitors know that when you are involved in a dispute it can be a stressful and expensive process.  We are here to provide pragmatic and cost effective solutions to end your dispute quickly.  Call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

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