Property disputes

We are a leading team who advise individuals, national and multinational companies on the resolution of their property disputes. The team’s ethos is simple: solve the problem.

With a strong reputation across the Thames Valley, London and Southeast the team covers a broad spectrum of disputes, including concerns over a boundaries, leases, development sites or possession claims.

The team’s technical strength, coupled with their expertise in dispute resolution, ensures a consistent approach in securing favourable outcomes. The team aim to clearly understand your objectives, carefully manage risk and achieve a swift, efficient and cost-effective resolution for you.

Most cases that the team work on settle without the need for court proceedings but, where proceedings are necessary, the team has recognised experience in taking a claim all the way to trial.

Speak with our experts to explore your options.

What does a property disputes solicitor do?

A property disputes solicitor advises and resolves legal conflicts involving residential or commercial properties and land. If problems arise, our dedicated property dispute solicitors help manage issues and advise you on the best way to proceed.

Known for their commercial and pragmatic approach, our dedicated solicitors at B P Collins handle conflicts for property owners, landlords, developers, and tenants.

As with most disputes, early advice frequently results in a swift outcome avoids unnecessary escalation and protects your position before it becomes difficult to assert.

Our property disputes services for:

Commercial property disputes

For commercial clients the team sees itself as an extension of the client’s business – understanding the commercial objective and working collaboratively to achieve it. The team’s technical knowledge is complemented by practical day-to-day experience of how property assets are managed, leased and developed.

Commercial work includes lease disputes and renewals under the Landlord and Tenant Act 1954, break clauses, forfeiture, dilapidations and repair obligations, service charge disputes, development and overage disputes, possession claims and insolvency-related property issues and more.

Residential property disputes

For private individuals, many of whom are facing litigation for the first time, the team’s strength is its ability to listen and advise with a straightforward and objective approach. The team advise on (including but not limited to) boundary disputes and adverse possession, easement and covenant issues, co-ownership disputes and landlord and tenant related property issues.

The team is equally adept at managing disputes through all forms of alternative dispute resolution (ADR) as it is at managing matters through to trial. Sometimes litigation is unavoidable; when it is needed, the team will support you through every stage.

You will find answers to common questions around property disputes in the FAQs at the bottom of this page, or view our latest articles.

Why choose B P Collins as your property disputes solicitors?

Although litigation is often seen as a last resort, sometimes it is necessary to vindicate your rights. With over 60 years of experience in property law, are consistently ranked in Chambers UK and The Legal 500 for the strength of our property disputes practice.

The team is led by Elliott Brookes, who was previously voted Young Property Person of the Year at the 2024 Thames Valley Property Awards, with the firm having been named Property Law Firm of the Year on multiple occasions.

How the team works:
The team prides itself on targeted, commercially-focused advice – resolving the dispute rather than getting lost in points of law with no commercial impact. This means an honest assessment of the merits at the outset, a clear strategy aligned with your objective and a willingness to push for a resolution through all forms of alternative dispute resolution (ADR).

We can support our clients with the combined expertise of our whole firm, including our property, disputes, construction and criminal teams.

Our property disputes solicitors have successfully represented:
National and international corporates, commercial and portfolio landlords, developers and investors, landowners, management companies, trustees and private individuals. The team handles everything from a single-property dispute for individuals to portfolio-wide instructions for institutional clients.

Our aim is always to try and resolve the dispute without court intervention, using negotiation, mediation, external expert determination and other forms of alternative dispute resolution (ADR). Where that is not possible, the team has extensive experience of successfully taking adverse possession disputes to trial.

Contact our property dispute solicitors today

For further information or advice, please contact our property disputes lawyers, who are based in London, Thame and Gerrards Cross on 01753 889995 or enquires@bpcollins.co.uk

Property Dispute FAQs

How long does a property dispute take to resolve?

Most property disputes can be resolved in a matter of weeks or months through correspondence and negotiation. Where court proceedings become necessary, the timeline depends on the court's listing schedule and the complexity of the issues – if a claim runs to trial it could take anywhere between 12-18 months, sometimes longer. The team will give a realistic timetable at the outset of each matter.

How much does it cost to bring a property dispute?

The cost of litigating a property dispute depends on the form of dispute, the complexity of the issues, the volume of evidence and how far proceedings progress before a settlement may be achieved. Most property dispute work is charged on an hourly basis, with hourly rates varying by the seniority of the solicitor handling the matter. However, some work, for example the service of notices, can be undertaken for a fixed fee.

Our team will provide a cost estimate at the outset (both for the initial work and, where appropriate, a global estimate), discuss funding options (fixed fees and other options where appropriate), and thereafter keep costs under review throughout. No work is incurred without your prior knowledge and approval of the costs involved.

Can I recover my legal costs if I win a property dispute?

Where a dispute proceeds to trial, the general rule is that the successful party recovers a proportion of its legal costs from the unsuccessful party – typically in the region of 55 to 75% of total costs incurred when assessed on the standard basis. Costs recovery is at the discretion of the court and can be affected by the parties' conduct during the litigation, including a party's willingness to engage in alternative dispute resolution. Lower-value claims allocated to the fast track or intermediate track are now subject to the fixed recoverable costs regime, which caps recoverable costs by reference to standard tables rather than assessing them on the standard basis. A party should never expect to recover 100% of its costs irrespective of the outcome and should always account for an element of irrecoverable costs. If the parties reach settlement before trial, costs are agreed between them as part of the settlement terms.

Do I have to go to court, or can the property dispute be settled out of court?

Most property disputes are settled without a court trial. Courts actively encourage parties to attempt settlement before and during proceedings, and a party that unreasonably refuses to engage in alternative dispute resolution can face an adverse costs award even if it ultimately wins. The team's approach is to affirm the client's objective at the outset and then set a strategy to achieve that objective in the most efficient and cost-effective manner. Most cases settle without the need for court proceedings but, where proceedings are necessary, the team has the experience to take a claim all the way to trial.

What is alternative dispute resolution (ADR) and how does it apply to property disputes?

Alternative dispute resolution describes the range of processes used to resolve disputes without a court trial. The most common forms in property disputes are:

'Without prejudice' negotiation – where the parties exchange settlement proposals on a basis that cannot later be referred to in court.
Mediation - where an independent mediator helps the parties negotiate a settlement. ADR is usually quicker, cheaper and more flexible than litigation, and is particularly well suited to property disputes where the parties may need to live or work alongside each other after the dispute is resolved. Following recent case law, courts now have the power not only to penalise unreasonable refusal to engage in ADR but also to halt proceedings and compel the parties to attempt it.

Can I sell my property while there is a property dispute?

Yes, but the dispute will almost always have to be disclosed to any prospective buyer in response to standard pre-contract enquiries. Disclosure may affect the sale price and the pool of interested buyers, and may make some purchasers (and their lenders) unwilling to proceed at all. Whether selling makes commercial sense whilst a dispute persists depends on the type of dispute, how close it is to resolution, and the urgency of the sale.

What evidence do I need to bring or defend a property dispute?

The evidence required depends on the type of dispute. Property disputes commonly turn on a combination of title documents (deeds, leases, transfer plans), correspondence between the parties, contemporaneous photographs and physical evidence on the ground, witness evidence about historic use or occupation, and expert evidence from chartered surveyors or other specialists.

Preserving evidence early is critical. Relevant documents and correspondence (including emails, text messages and contractor invoices) should be retained in their original form and not altered, photographs should be taken while the position on the ground remains as it was when the dispute arose, and potential witnesses should be identified while their recollection is fresh. The team will identify the key evidence required at the outset of each matter.

What should I do if I receive a letter or notice about a property dispute?

Do not ignore it. Many property disputes turn on time-limited notices and procedures, where missing a deadline can have severe consequences – a tenant who misses a section 25 deadline can lose security of tenure; a landowner who misses a Land Registry notice can lose part of their property to adverse possession. Take legal advice promptly and before any substantive response is provided.

Our Property disputes services