Property disputes; what’s that all about?

Whereas businesses can encounter all sorts of legal issues and disputes in their day to day operations, one area that seldom gets mentioned is that of “property disputes” specifically disagreements about working premises and where a company conducts their business.

So what happens during a business property dispute and what to expect?

There are several types of property dispute that can arise, such as disagreements between a landlord and tenant over subjects such as tenancy agreements or rent; then there can be issues involving the lease itself regarding disagreements on how the property can be used and for what purposes, or even the right to use your property as the location for your company. Then we can encounter boundary disputes; if another company or landlord claims some of your land or encroaches on your property. Then there are potential arguments over construction and planning, especially if you want to expand and face opposition from other residents or local groups. There can even be disputes when buying or selling land for your company.

If any of the above scenarios occur, in general you should be prepared to deal with varying periods of negotiation and or litigation, depending on the type of dispute.  In boundary disputes, for example, you will need a good legal team to find a satisfactory resolution through the courts; to present your evidence and put your argument forward.  Then, after both sides have made their case, a presiding judge will rule in favour of one party or the other. In planning issues, you will have to submit detailed plans to the council and explain what you intend to do, and then there will be private and public consultations before any work can commence.

All this can take up a lot of time and money so it’s always good practice to get the best legal advice from the outset to minimise your risk; why not give us a call?

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Filed under Arbitration, Construction, contract law, Dispute resolution, Planning Law, Property Development, UK Law

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