Residential property dispute solicitors

A residential property dispute is a disagreement about a home or the land around it: who owns it, where the boundary lies, who can use it and how, whether a tenancy can be brought to an end or what happens to a deposit. It might be with a neighbour, a landlord or tenant or someone you own the home with.

Most of these disputes come down to the title documents, the plans, the tenancy agreement and what has actually happened on the ground over the years, so we look at those first. We then advise on the route that makes sense for your dispute, weighing the cost against what the home or the land is worth to you: negotiation, mediation or proceedings in court or a property tribunal.

If your dispute is about business premises, a commercial lease or development land, see our commercial property dispute solicitors page.

Boundary disputes often start with a fence, a hedge, a wall or a driveway. The plan at HM Land Registry usually shows the general boundary only, so the exact line can depend on the deeds, older plans, physical features and how the land has been used. Evidence from a surveyor often helps.

Neighbour disputes also include trespass, such as building or parking on land that is not yours, and nuisance, where a neighbour's use of their land unreasonably interferes with yours, for example through noise, smells, drainage or tree roots. Overhanging branches can usually be cut back to the boundary, but check first whether the tree is protected. Our guide to fallen trees and landowner liability explains who is responsible when a tree causes damage.

When a neighbour starts building, the Party Wall etc. Act 1996 may apply, but only to particular walls and works: a timber fence is never a party fence wall, and the Act does not decide where a boundary runs. Martin De Ridder's guide to common misconceptions about the Party Wall Act explains what it covers and what to do if no notice was served.

Many of these disputes settle through negotiation or mediation, and we help you weigh the cost of a dispute against the value of the land at stake. When a neighbour will not move, we issue proceedings or deal with a referral to the tribunal where the dispute arises from an application to HM Land Registry, and run the case through to a decision.

In some circumstances, a person who has occupied land as their own without the owner's permission may be able to become its legal owner. For homeowners it usually comes up with gardens, boundary strips, accessways and land a neighbour has fenced off or looked after for years.

For registered land, the person generally needs at least 10 years of adverse possession before applying to HM Land Registry, and the registered owner is usually told and can object. If the owner objects, the application usually fails unless a limited exception applies. For a garden or boundary strip the exception that matters is that the neighbour reasonably believed the land was theirs for at least 10 years. If the owner objects but then takes no steps to remove the neighbour for a further two years, the neighbour can apply again and will normally be registered as the owner. If the strip is unregistered land, the neighbour generally needs 12 years instead. Occupation with the owner's permission is not adverse possession, which is why written permission can protect a homeowner where a neighbour's use is meant to be temporary or informal.

We act for homeowners who want to keep their land and for occupiers who want to put what they have used for years on a proper footing. Our guide, Whose land is it anyway?, explains how claims work and how to protect your land.

An easement is a right over someone else's land, such as a right of way along a shared drive or path, a right to light or a right to run drains or cables under a neighbour's garden. Disputes arise over whether a right exists, where it runs and what it can be used for. A right may be written into the deeds or may have been gained through years of use, so how the drive or path has been used over time matters. Blocking a valid right of way can lead to a claim against you, so check the position before you put up a gate or a fence.

A restrictive covenant limits how land can be used, for example by restricting building or business use. With a covenant on a house or garden the questions are usually whether it still binds the land, whether it can be enforced and by whom. We advise on all three and act on applications to the court for a declaration about whether a covenant still affects land.

We act for landlords and for tenants in disputes about residential tenancies in England.

• Possession claims for landlords. Section 21 'no fault' evictions ended on 1 May 2026. A landlord who wants a property back must now serve notice under section 8, rely on a legal ground for possession and, if the tenant stays, go to a hearing. The mandatory ground for rent arrears needs at least three months' rent to be owed, both when notice is served and at the hearing, and there are grounds for a landlord who wants to sell or move back in. We act at every stage, from choosing the grounds and serving the correct notice to the hearing and enforcing the possession order.
• Tenancy deposits. A landlord who takes a deposit for an assured tenancy, which now covers most private residential tenancies in England, must protect it in an authorised scheme and give the tenant the prescribed information within 30 days of receiving it. If that was not done, the tenant can apply to the county court for an order that the landlord repays or protects the deposit and pays the tenant a sum of between one and three times the deposit. An unprotected deposit can also stop the court making a possession order on most grounds until the position is put right. We bring and defend these claims.
• Rent increases. A landlord can only increase the rent by serving the prescribed notice, and a tenant can refer the increase to the tribunal, but only before the date the new rent is due to start. The tribunal can confirm or reduce the figure but not raise it. We advise landlords on the notice and the evidence to support it, and tenants on whether to challenge.
• Tenants facing a possession claim. If you have received a section 8 notice or court papers, do not ignore them. We check whether the notice is valid and the ground is made out, help you respond by the deadline and represent you at the hearing.

Read our guide to how evictions work now section 21 has gone, or watch the Legally Sound episode at the top of this page.

When co-owners fall out, whether former partners, relatives or friends who bought together, the questions are usually who owns what share and whether the home should be sold. A co-owner can ask the court to decide under the Trusts of Land and Appointment of Trustees Act 1996 (a TOLATA claim). The court can declare each person's share and can order a sale.

Where someone says they were promised a share, or paid towards the purchase or improvements on that understanding, the claim may rely on a constructive trust or proprietary estoppel. We also advise joint owners affected by a charging order against the other owner's share, which can lead to an application for the home to be sold even though the debt is not yours.

Separating from an unmarried partner? Our family team explains how TOLATA claims work for unmarried couples.

Sometimes a problem with a home comes from a professional's mistake, such as a conveyancer who missed a covenant or a right of way over the garden, or a survey that missed a serious defect. If that has cost you money, you may have a claim for professional negligence. Strict time limits apply, so see our page on professional negligence claims and take advice promptly.