Frequently asked questions

Property litigation covers disputes about rights in, or the use of, land and buildings: commercial lease disputes, possession and forfeiture, boundaries and access, leasehold service charges, lease extensions and collective enfranchisement.

It is distinct from conveyancing. We do not act on the purchase, sale or remortgage of property.

Most property disputes settle before a final hearing. The courts expect parties to exchange information and consider negotiation, mediation or expert determination before issuing proceedings.

We prepare every matter on the basis that it may be litigated, because a well-evidenced position is usually what produces a sensible settlement.

Usually not on its own. Registered title plans normally show general boundaries only and are not conclusive as to the exact line.

The legal boundary is established from the conveyancing history, the wording of the transfers, topographical features and, where necessary, expert evidence from a boundary surveyor.

That depends on the tenancy type, the grounds available and what has gone wrong. A defective or badly timed notice is the most common reason a possession claim fails or has to be started again.

We review the tenancy paperwork and the compliance history before any notice is served.

Diarise the pre-action protocol deadlines, secure the repair, inspection and reporting records, and arrange access for a joint or independent expert inspection.

Early, evidenced engagement is usually what keeps a claim proportionate; ignoring the letter of claim is what makes costs escalate.

No. Removing a residential occupier without a court order and, where required, enforcement by county court bailiffs or High Court enforcement officers exposes a landlord to criminal and civil liability.

Take advice before taking any step to recover the property yourself.

The parties are expected to follow any applicable pre-action protocol or the practice direction: set out the claim clearly, disclose key documents, respond within a reasonable time and consider alternative dispute resolution.

Failing to do so can be penalised in costs even by a party who ultimately wins.

Damages to put you in the position you would have been in had the contract been performed, debt claims for sums due, termination where the breach or the contract permits it, and in limited cases specific performance or an injunction.

Interest and recovery of costs are dealt with separately and are often what makes a claim worth pursuing.

Limitation periods depend on the type of claim — for example, six years for most contract claims, with different rules for deeds, personal injury and cases involving concealment.

If a deadline may be close, say so in your enquiry so that we can prioritise it.

It is advice given to you alone, by a solicitor who does not act for the lender or the other party, so that you understand the nature and consequences of the document you are being asked to sign.

The solicitor then signs a certificate confirming that the advice was given, which the lender relies on.

We normally need the draft documents, the lender's certificate and your identification in advance, and the appointment itself is usually a single meeting by video or in person.

Send the lender's deadline with your enquiry so we can tell you honestly whether it can be met.

Typically to pay the borrower's debt personally if the borrower does not, often on demand, sometimes without limit, and frequently with your home or other assets exposed if the guarantee is supported by security.

We take you through the scope, the cap if there is one, the trigger for demand and how the guarantee can come to an end.