Property disputes can be challenging and complex. They often involve technical and legal issues, along with a lot of paperwork and strict timelines. At Kingsgate Solicitors, we understand the stress these disputes can cause and are here to help you navigate the process effectively. This blog will guide you through the basics of property disputes, common types, and how Kingsgate Solicitors can support you in resolving your case.
Common types of property disputes
At Kingsgate Solicitors, we encounter a wide variety of property disputes, each with its own unique set of challenges. Here are some of the most common types:
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1. Ownership disputes
Ownership disputes can occur when there’s a disagreement over who owns a property or the distribution of ownership shares. This can be especially complicated in cases involving family-owned businesses or inheritance issues, such as disputes over the shares of a family business after the passing of a loved one.
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2. Boundary disputes
Boundary disputes involve disagreements over where one property ends and another begins. These can arise from unclear property lines or old records that need updating. Our team can help you find practical solutions for these disputes, often through surveys, mediation, or legal proceedings.
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3. Service charge disputes
Service charge disputes are common, particularly in managed properties where residents are required to pay for services like maintenance, repairs, and amenities. Disputes often arise when there are concerns about whether these charges are fair or if the services have been carried out as billed. If you feel service charges are unfair, we can advise on how to proceed, particularly if the charges relate to work not actually completed.
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4. Leasehold and freehold disputes
Leasehold and freehold disputes cover issues like lease renewals, extension terms, or freeholder responsibilities. Unlike leaseholders, freeholders are often limited in challenging service charges through tribunal. We can advise on options for redress if you’re facing difficulties as a freeholder.
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5. Probate and inheritance disputes
Probate and inheritance disputes arise after someone’s passing, particularly around property distribution and the allocation of shares within a family business. In one case we handled, sons of the deceased were in dispute with the deceased’s wife over family business shares. We offer tailored advice and support on these sensitive matters to help clients reach a fair resolution.
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FAQs about Property Disputes
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What is a Property Dispute?
A property dispute is a legal disagreement over property ownership, boundaries, service charges, lease terms, or inheritance matters.
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Can a freeholder challenge service charges?
While freeholders typically don’t have the same tribunal options as leaseholders, they may still have legal avenues to dispute unfair charges. Consulting with a solicitor is essential to explore these options.
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What should I do if I have a boundary dispute?
In a boundary dispute, you may need a property survey or legal advice to resolve the issue. Our team can advise on the best steps to take in these situations.
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How can I resolve a dispute over inheritance of property?
Disputes over inheritance can be particularly sensitive. We recommend seeking legal advice early on to understand your options and reach a fair resolution, especially if the dispute involves business shares or complex family dynamics.
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What are my rights in a service charge dispute?
If you’re a leaseholder or freeholder, you may be able to challenge service charges, especially if you believe they are unfair or related to unperformed work. We can guide you through the process and help you gather any necessary evidence.
