Property litigation covers any civil dispute involving land or buildings that is resolved through court or tribunal proceedings. It is a broad area encompassing boundary disputes, leasehold disputes, landlord and tenant claims, rights of way, proprietary claims, and much more. Knowing when litigation is the right step, and when other routes might be more effective, requires a clear assessment of the specific dispute.
Litigation becomes the appropriate route when negotiation and mediation have been exhausted or are clearly not viable, when an urgent court order is needed to protect a position before further damage is done, when the other party is simply refusing to engage, or when the dispute involves a legal question that only a court can determine definitively.
Property disputes are handled by different tribunals and courts depending on the type of claim. Service charge disputes and leasehold matters go to the First-tier Tribunal (Property Chamber). Land registration disputes go to the First-tier Tribunal or, on appeal, to the Upper Tribunal (Lands Chamber). Boundary disputes and proprietary claims typically go to the county court or, for complex or high-value cases, the Chancery Division of the High Court. Planning appeals go to the Planning Inspectorate.
Before issuing most property claims in the county court or High Court, the parties are expected to follow the relevant pre-action protocol. This typically involves a letter of claim setting out the basis for the claim, a period for the other party to respond, and consideration of alternative dispute resolution. Failure to follow the protocol can result in costs penalties, so taking legal advice on the correct procedure before issuing is important.
Property litigation costs vary considerably depending on the complexity and value of the dispute. The general rule in civil litigation is that the losing party pays the winning party's reasonable costs. This is a significant financial risk that must be weighed before committing to litigation. A realistic assessment of the merits and the likely costs from a specialist barrister before proceedings are issued helps you make an informed decision.
Property litigation is the resolution of land and building disputes through courts and tribunals. Different types of dispute go to different forums. Pre-action protocols must be followed before most court claims. The costs risk of losing means getting an honest assessment of the merits from a specialist barrister before committing to litigation is essential.
Our team is here to help you understand your options and find the right specialist for your situation. Talk to us today.