Dispute Resolution
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Dispute Resolution Services
Boundary Disputes
Receiving early expert advice can be critical to ensuring the dispute is settled amicably; before tempers flare and costs escalate. We have an experienced team of dispute resolution lawyers who can advise on the legal position of your boundary, consider the practical aspects of your situation and negotiate a resolution.
We can advise you in respect of residential boundary disputes and commercial property or agricultural land disagreements.
Some of the outcomes include:
- Determine ownership and responsibility for boundary structures such as walls or fences.
- Negotiate a determined boundary with your neighbour for registration at the Land Registry.
- Negotiate compensation for any land lost or property damaged.
- Regain land taken by a neighbour – obtain an injunction to stop your neighbour building or trespassing on your land.
- Obtain ownership of land you have been using for many years by adverse possession.
In the meantime, we recommend the following in advance of obtaining legal advice:
- Remaining pleasant with your neighbour.
- Avoiding heated conflicts and communications, reverting to your legal advisor or surveyor to resolve any technicalities.
- Be willing to explore practical solutions.
Cost for legal services
Before you enquire with us, you should first check whether you have Legal Expense Insurance. This may be part of your home insurance policy, your credit card account or similar. Check with your insurer whether they will provide solicitor services for you under your current circumstances.
Otherwise, Herrington Carmichael would be available to assist on private instructions. Our charges will be largely dependent on the circumstances surrounding the matter. An early settlement might be a possibility in your situation, which will assist in keeping costs at a minimum, and bring about a swift resolution. Please contact us for further information as to our fees and your options.
International
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Land Disputes
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- Term loan facilitates
- Revolving credit facilitates
- Invoice financia facilitates
- Bridging loans
- Acquisition financia
- Project financia
- Asset backed lending
Residential Landlord & Tenant Disputes
Residential Landlord and Tenant
We specialise in acting for Landlords and Managing Agents with significant property portfolios as well as representing Landlords and Tenants of larger residential properties.
It is important that as a landlord you comply with the legislation when managing your property so as to avoid claims being made against you.
Examples of possible disputes between landlords and tenants are:
- Tenants have stopped paying their rent.
- Damage to the property or disruptive behaviour.
- Dispute with the letting agents.
- Tenant eviction.
- Service charge and insurance claims.
We can assist you in giving practical advice on how to manage your relationship with your tenant or landlord, prepare the documentation you need and ensure that if court proceedings become necessary they are handled in a cost effective and time efficient manner.
We do not advise:
- Tenants on Housing Law
- publicly funded Legal Help / Legal Assistance scheme (Legal Aid). If you are in receipt of benefits or think you may qualify for the scheme it may assist you to make enquiries of your local Citizens Advice Bureau or a firm offering Legal Aid advice.
Wills & Inheritance Disputes
Are you looking to contest a Will or perhaps you are experiencing a probate or inheritance dispute? Our specialist lawyers can advise you on all types of disputes relating to Wills, Trusts and Estates.
Whether you are an Individual Beneficiary, a Trustee, an Executor or an Administrator, whether you are a Claimant or Defendant, we have experience in acting for you.
We are able to advise you on a wide range of claims, including:
- Disputing the validity of a Will – particularly if you believe the maker of the Will did not have full mental capacity when they made the Will
- If you have been left out of a Will altogether or are to receive much less than you had expected or less than has been left to e.g. your siblings
- If the Executor or Trustee has not acted properly or is accused of not acting properly
- If the Executors/Trustees are not sure how to deal with competing demands of beneficiaries
All Dispute Resolution Services
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
The first question most people need to ask themselves – is the dispute worth it? For instance, it might not be worth making a claim if it is going to cost you almost as much as you’re claiming.
Mediation is a much faster and cheaper option than going to court. Mediation has been around for a long time and would be carried out at an agreed venue (a solicitors or a hotel, but not at court) with each side in separate rooms and the Mediator shuttling between rooms helping you find that compromise acceptable to you both. If agreement is reached, that will be written down there and then, signed by both sides and can then be sent to the Court to be sealed. It will have the same authority as any other Court Order and as long as the agreed terms are then carried out, it brings the formal Court case to an end. Speak to our Mediators for more information.