A Beginners Guide To Property Litigation

When it comes to property matters, there are all sorts of issues that can crop up. From disputes about the true ownership of a piece of land on an agricultural property to solving problems between commercial landlords and their tenants. The headaches can be numerous and time consuming. These issues are typically solved through dispute resolution or property litigation processes, both of which will require a qualified solicitor to guide you through. But before we get to that, what is property litigation, and who needs to know about it?


What Is Property Litigation?

Property litigation is a field of law that deals specifically with disputes relating to property of any type or quality. Typically, property litigation involves resolving disputes between property owners and their tenants, but can also cover a wide range of matters involving the ownership of residential, commercial, industrial and agricultural property. Under the umbrella of property litigation practices, you will find any and all legal aspects related to the buying, selling, leasing and ownership of property.

In some places, you may hear the term ‘dispute resolution’ used in place of property litigation– but the two terms refer to different processes within the legal system. The term ‘litigation’ refers specifically to resolving issues within the court system, while ‘dispute resolution’ covers alternative methods to resolving issues that don’t involve the courts at all. Unsurprisingly, most parties prefer to try dispute resolution before they then move on to litigation, as it is generally less expensive and contentious than settling matters in court. Since so many issues can crop up in the field of property, solicitors will often suggest dispute resolution, and help you through the process, only moving to litigation if absolutely necessary.


Who Needs Property Litigation?

Anyone who owns, or is looking to own a property of any kind can benefit from property litigation services at some point in the process, whether the property you own is a residential, commercial, industrial or even agricultural property. For example, retailers, investors, developers, property managers, leaseholders, educational institutions, financial institutions, commercial and residential landlords would all need property litigation assistance during their work. In short, anyone who owns, rents or leases a property of any kind may at some time need the services of a solicitor or litigator who specialises in property law. This is largely because the property market is so complex and regulations are constantly changing that property owners and tenants struggle to keep up with it, instead utilising the extensive knowledge of a professional legal team.


So What Do Property Solicitors And Litigators Do?

For anyone who has a property dispute or claim, a solicitor specialising in property issues can help in a number of ways. At the first stage, we are able to assess your individual circumstances and advise you of your rights, along with more information about your issue. We can then guide you through the process of approaching and resolving the matter in a way that satisfies everyone, without breaching any laws or creating more problems. This could include writing letters, holding mediation meetings, negotiations and more.We can also provide valuable advice and clarity for people and businesses who don’t have disputes, but instead need advice relating to a property matter. For example, the owner of a residential rental property might want to consult a property solicitor about the legal steps involved in evicting a tenant, or the owner of a commercial property might need advice on structuring their leasing contract. A property solicitor will also cover all aspects of conveyancing for residential and commercial properties, conducting the numerous steps and checks required before a property is legally transferred from seller to buyer, including ensuring the property is legally owned and not the subject of any ongoing disputes.

Because property is such a sprawling and complex area of law, it is almost impossible to encompass every element of it here. So boiled down, property litigation and dispute resolution refers to any and all disputes, issues or queries around property, and anyone who has an interest or investment in that property can benefit from some advice. For more information, or to talk to one of our property litigation experts, just get in touch with Caversham Solicitors today.