I’m arguing about rights affecting my property


Differences of opinion on rights affecting property often arise. There are a lot of different rights that affect property. Is your concern about a right (or absence of a right) for someone else to travel across your land? It might be that someone else has created a structure that’s blocking the natural light that your building or business needs? Or you might need to run cables or wires over someone else’s land.

In law, these rights are called 'easements' and if they are permitted and then unlawfully interfered with, it can have serious consequences for both the person who has lost the right and the person who has taken it away. So the question of who owns one of these types of right, how it is owned and whether it can be taken away, is really important. We can help you with that.

Whichever side of the fence you’re on, we can help you resolve this. There are a number of steps potentially involved in a property rights dispute. Some cases are simple and speedily resolved after taking only a few of these steps. Others may require more effort if the disagreement can’t be resolved without getting the court involved.

The best outcome is often a negotiated settlement because it avoids the stress and cost of court proceedings. It also helps to maintain a more friendly relationship with your opponent. So while it’s right to treat every case according to its own particular circumstances, an agreed outcome is usually our first priority when we advise our clients on property disputes.

A good starting point is to get hold of the official property ownership details from the Land Registry because these also record details of rights attaching to property, including who owns them and how long they’ve owned them. You can do this by going to the Land Registry website and downloading the official copy entries and the title plan for a few pounds each.

Your next stages
  • To find out precisely what happens during each stage of the process - and for average timings and costs - click on the section below.
  • Overview
  • Stage 1 A full review and analysis
  • Stage 2 Getting expert evidence
  • Stage 3 Taking the first steps
  • Stage 4 Starting the court process
  • Stage 5 Dealing with the evidence
  • Stage 6 Preparations and going to court
  • Stage 7 Closing the file