Civil & Commercial Mediation Services
Mediator Harvinder Singh Bhurji
The lead Mediator and Director of Effective Dispute Solutions Limited is Harvinder Singh BhurjiREAD MORE
In general, these are the main types of land disputes we have encountered. However, we have also mediated the following types of land disputes also;
- Adverse possession
- Restrictive covenants, easements
- Private right of way disputes
- Land registry disputes
- Land tribunal matters
- Land ownership & TOLATA disputes
- Land survey & title disputes
Land disputes, like all disputes, can be extremely frustrating, expensive, time consuming and stressful. Where the land in question, has been earmarked to build your home upon. Or a building to work from, or an investment to lease out as a commercial property.
This provides further problems, as it will stall, disrupt your living arrangements and or business activities. Further impacting upon your finances.
Land disputes vary, but generally will concern, confusion or a dispute over a parcel, strip of land. This typically occurs when a new purchaser has purchased a plot of land next to yours. However, it can also occur amongst pre-existing neighbouring land owners. When one claims a particular part of land is theirs.
This is disputed by the other party who claims, it is theirs. It is no ones, never been claimed, or belongs to another party, and or there is a;
- Boundary disputes – It is argued, that one party has encroached on the others land, with a structure, building, fence, wall, extension, drainage, the list can be endless.
- Party wall disputes – Although this may appear to be obvious, it is the wall between two properties that is the subject of dispute. It goes slightly deeper than that.
It concerns a wall that is on the land of two or more owners, forming part of a building. The wall in question can just be part of one building.
Or separate buildings, which are owned by separate owners. Or a wall, that is on the lands of two owners. But is not a part of a building. An example would be a garden wall.
Or a wall that is just on one person’s land, however it is utilised by two or more owners, which separates their buildings.
Usually the main types of disputes, under this category arise out of when;
- A new wall is built on, at, the boundary between the properties.
- The party wall has been cut into.
- Changing the party wall. Increasing, reducing the height and depth. In short, making it higher, smaller or deeper.
- Extraction of chimney breasts form a party wall.
- Knocking down a party wall, and rebuilding it.
- Digging under, below the foundations of a neighbour’s property. Which in turn can cause a whole host of problems, when not done correctly.
Rights of ways – who has the right of way over the parcel(s) of land? Which in turn causes further issues, compounding the original dispute.
Shared access – driveways, private roads, tracks, access routes, are they shared? If so by whom?
Shared maintenance – usually these types of disputes concern, allegations of one party not upkeeping the maintenance required. And or not paying towards it, or towards repairs.
Examples of the types of land disputes we have mediated;