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What are Property Disputes and When is Litigation Needed?
A property dispute is a disagreement over the ownership, boundaries, or use of land or buildings. These issues can arise between neighbours, landlords and tenants, family members, or other parties with an interest in the property. While many disputes can be resolved through negotiation or Alternative Dispute Resolution, some require formal legal action.
Property litigation becomes necessary when negotiation has broken down and court intervention, or the threat of it, is needed to protect or enforce your rights. This typically involves complex or high-value issues such as ownership disagreements, breaches of lease, contentious boundary or planning disputes, or situations requiring urgent remedies like injunctions to stop unlawful building work or trespass.
When property disputes escalate to litigation, you need clear advice, strategic thinking, and experienced representation. At Wellers, our team works to resolve disputes efficiently and proportionately, always aiming to protect your interests while minimising cost and disruption. Whether through negotiation, Alternative Dispute Resolution, or when necessary, robust litigation through the courts, our property solicitors will work to achieve a satisfactory outcome for you.
Types of property disputes
Property disputes come in many forms and can be complex, stressful and time-consuming without expert guidance. At Wellers, we help clients work through a wide range of property-related issues with clarity, strategic advice and firm representation. Below are some of the most common types of disputes we regularly assist with:
- Disputes regarding beneficial interests in property (TOLATA claims)
- Breach of restrictive covenant disputes
- Disputes with owners of neighbouring properties (e.g. rights of way, rights to light, boundary disputes and party wall disputes)
- Nuisance and trespass claims
- Recovery of land from squatters and unlawful occupiers
- Disputes arising out of the sale and purchase of residential and commercial premises
- Professional negligence claims arising out of the sale and purchase of residential and commercial premises (see our Professional Negligence service)
- Landlord and tenant disputes
- Property repair disputes
- Misrepresentation (including the Property Misdescription Act 1991)
We understand that property disputes can be sensitive and complex. Litigation may not always be the most appropriate approach, so we consider and shape our advice and guidance to suit each client and their individual situation.
What is TOLATA?
TOLATA (the Trusts of Land and Appointment of Trustees Act 1996) is a piece of legislation that gives the court power to resolve disputes about property ownership where two or more people have a legal or beneficial interest (that is, a financial stake in a property, whether or not their name appears on the title deeds) but cannot agree on what should happen to it. TOLATA claims are one part of Wellers’ wider property litigation service; many property disputes do not involve TOLATA at all.
TOLATA claims most commonly arise when a relationship breaks down, particularly between unmarried couples or family members who jointly own or have contributed to a property. Unmarried couples have no automatic financial claims of the kind available on divorce, which is why the paper trail matters so much (our note on Standish v Standish and unmarried couples explains why). Claims also arise in intergenerational situations where family money was provided as a gift, loan or investment, an area where clarity on the legal position is especially important. For families weighing up those questions, our dedicated Bank of Mum and Dad service provides specific support.
Under TOLATA, the court can decide who owns what share of a property, whether a property should be sold, and how proceeds should be divided. It’s a valuable legal route when informal negotiations have failed and a clear, binding decision is needed.
Documents that may help your case
Documents that may help your case include:
- Title deeds or Declaration of Trust
- Deposit and mortgage payment records
- Bank statements showing financial contributions
- Invoices or receipts for capital improvements
- Contemporaneous emails, messages or letters confirming what was agreed
- Evidence of whether any family contribution was a gift, loan or investment
- Witness evidence from people with knowledge of the arrangement
How We Resolve Your Dispute
- Assess your position and objectives – We begin by reviewing the facts, identifying your legal position and clarifying what outcome you are looking to achieve.
- Review and preserve the evidence – We advise on what evidence is relevant, help you gather it promptly, and make sure nothing is lost or overlooked before proceedings become necessary.
- Agree a strategy and approach the other side – Once we understand your position fully, we set out a clear strategy and make contact with the other party or their solicitors on your behalf.
- Pursue negotiation or mediation – Many property disputes are resolved without going to court. We explore negotiation, Alternative Dispute Resolution (ADR) and any other appropriate route to settlement.
- Issue or defend court proceedings where necessary – Where resolution is not possible, we provide experienced representation in court. Timescales depend on the complexity of the dispute, court availability and the other party’s conduct.
Costs and Funding
The cost of a property dispute depends on several factors: the complexity of the legal issues, the urgency of any action required, the volume of evidence involved, and whether the matter settles early or proceeds to a full court hearing. Early settlement almost always reduces both cost and disruption for all parties.
At Wellers, we can often offer fixed fees for certain work and state hourly rates clearly from the outset.
It is also important to understand that in litigation, an adverse costs order (where the court directs one party to pay the other’s legal costs) can arise. We will explain that risk to you clearly as part of your initial advice, including how conduct such as an unreasonable refusal to mediate can affect it.
Types of TOLATA claims
There are several common types of TOLATA claims, including:
Disputes over beneficial ownership
When parties disagree over who owns what share of a property, often due to informal agreements or unequal contributions.
Applications to force the sale of a property
Where one party wants to sell a jointly owned property and the other refuses, a TOLATA claim can ask the court to order a sale.
Claims for a financial interest in a property
Where someone has contributed to the purchase price or mortgage of a property but isn’t a named legal owner, they may claim a beneficial interest.
Occupational rights disputes
In some cases, a TOLATA claim may involve one party seeking the right to remain in or exclude someone else from a property.
Each case is unique, and outcomes depend heavily on the evidence provided and the history of the parties’ intentions and conduct. Wellers offers clear, strategic advice to help you build a strong case and achieve a fair result.
