Property Dispute and Litigation Solicitors

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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 navigate 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
• 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
• Landlord and tenant disputes
• Property repair disputes
• Misrepresentation (including 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 tailor our advice and guidance to suit each client and their individual situation.

What is TOLATA?

TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996. It’s 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 in a property but cannot agree on what should happen to it.

TOLATA claims often arise when a relationship breaks down, particularly between unmarried couples or family members who jointly own a property. It can also be used where someone has contributed financially to a property, they don’t legally own, but believes they have a share in it.

Under TOLATA, the court can decide who owns what, 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.

At Wellers, we have extensive experience in TOLATA applications. We guide clients through each step with clarity and care – protecting their financial interest while striving for the most practical and fair resolution possible.

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.