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Property Dispute Resolution

Your Property is often of  fundamental importance and significance. It can be critical in many respects – as a home; for your business; for your staff; for your income; and for future generations and legacy. It is imperative that you are able to use and occupy your Property for your needs and objectives – without fear of intrusion or interference.

With such high stakes , you can rest assured that your case is in the best possible hands. At Butcher & Barlow, we have a team of property dispute resolution specialists who have the extensive and specialist knowledge to ensure that the effects of the dispute are minimised; that disruption is addressed and resolved; and that the process is as stress free as possible.

Each property dispute is different and we take the time to listen and understand your issues, discussing with you your needs and objectives.  Working across the North West, we will always provide a tailored approach and offer expert personal advice to work towards the resolution of each dispute.

Our team has the depth and scope of expertise to act for a multitude of situations and for a range of clients:

  • institutional investors; landlords and management companies;
  • developers, promoters and builders
  • farmers, Estates, agricultural landowners and event venues
  • commercial tenants; licencees and occupiers as well as
  • individual homeowners and residential tenants

We are always committed to fully exploring alternatives to court proceedings wherever possible, and the Team has extensive experience in using forms of alternative dispute resolution such as mediation, negotiation and arbitration.  When court proceedings are necessary or unavoidable, our team has a reputation for providing a meticulous, highly commercial and focused service. We pride ourselves on our intricate knowledge of the law and we use this to give you the best possible commercial, practical and tailored advice.

The Property Dispute Team works closely with the Commercial Property and Agricultural Teams on transactional matters, helping to identify potential problems and de-risking transactions, minimising the chance of any dispute arising in the first place. If a dispute does arise, you can be confident that the legal documentation we draft for you makes the process of bringing that dispute to a conclusion much less costly and time consuming.

How can we help you?

As a commercial landlord you will appreciate the importance of assembling a trusted team of experts to minimise the disruption caused by any dispute so that you can focus on running your business. Our team offer added value through our understanding of a changing market, providing you with a solutions-based approach rather than just simply applying legal answers to commercial problems.

We can assist you in navigating through the Landlord and Tenant Act 1954, be this via service of notices or contested lease renewal proceedings.  We can also guide you through and actively progress bringing or defending a dilapidations claim.  Whatever the nature of your landlord or tenant relationship, we will take a commercial approach throughout.

The title deeds of your property may contain covenants, easements or Rights of Way affecting how the property can be used or who has access to it, or across it. Such rights and restrictions are a frequent source of dispute and our team will ensure that issues are isolated and examined, always with the intention that any dispute is resolved as swiftly and as efficiently as possible. This, in turn, protects the ongoing use, occupation and enjoyment of the land and limits any financial impact.

Utilising our skills in negotiation we have helped developers, businesses, agricultural users and residential property owners reach a resolution through negotiation and mediation but also litigation where appropriate.

Your property is your greatest asset and consequently at Butcher & Barlow we recognise that disputes with neighbours can be stressful and emotive.  It is important to secure early and effective representation so as to prevent the other party from acquiring rights or advantages over your land.

We have successfully resolved numerous boundary and neighbour disputes by negotiation and mediation to preserve a sustainable neighbour relationship.  However where negotiations do not produce the required outcome, we have the tenacity as well as the track record to engage in effective litigation be this through the Courts or the Property Chamber (Tribunal)

We can help landlords when tenants are failing to pay rent or comply with other obligations in their lease. We take time to understand your commercial objectives and to identify and advise you on your options. It may be that the best option for you, depending upon the circumstances and the provisions within your lease, is to take action to forfeit, i.e. bringing an end to the lease, or to lever a commercial advantage.

We work collaboratively with clients and their surveyors in formulating strategies to achieve vacant possession of premises.  We will and guide you through the necessary procedure should you decide to forfeit the lease. We can also assist with the recovery of rent arrears.

In a changing market you need the agility and flexibility to protect your interests whether you are the landlord or tenant.  You therefore need the right professional team alongside you. Our team has considerable experience in this niche area of law, whether this be in the form of devising and implementing a strategy so as to secure vacant possession of property or by navigating you towards the renewal of a lease. We have experience in acting for institutional clients, investors, developers and occupiers and work collaboratively with other experts such as Surveyors, Agents and Counsel and will assemble a team of specialists to protect your investment.

Disputes between landlords and tenants are often an unavoidable reality. We have extensive experience in acting for both landlords and tenants in all aspects of possession proceedings and claims regarding residential properties; deposits; and unlawful occupiers.

Whether it is a dispute with an investment property co-owner, or with a co-occupier, or whether the dispute has arisen as a result of inheritance or divorce, our team can advise you on how best to protect your interest and to minimise any further financial or practical impact.

If a third party is doing something or failing to do something that affects you or your property then you may have a nuisance claim against them. Whether you are looking at ways in which to stop the nuisance or have received a claim for nuisance, we will quickly get to the heart of the issues and respond quickly so as to preserve your position or avoid potential liability.

In our experience, Alternative Dispute Resolution forums such as negotiation and mediation, both of which are actively encouraged by the Courts, can prove cost-effective methods of finding solutions to often complex problems. However, where Court action is inevitable, we have the resources to navigate through the litigation process.

Arrears and liabilities management is a vital component in any property portfolio and if rent stops being paid, early intervention is necessary before the arrears become unsustainable and beyond the ability of the debtor to pay. An early letter before action or statutory demand threatening bankruptcy often results in payment and more timely payments going forward. However, we also appreciate that it is sometimes more important for you to retain a positive, commercial relationship with the debtor and a litigious approach may not be the best approach.

We will talk through all the options with you, and give you the advantages and disadvantages of each, enabling you to make an informed decision on how to proceed.

Should your debtor still refuse to pay, we will vigorously pursue your claim through the Courts where necessary or by way of petitioning for bankruptcy.

Claims for breaches of tenant’s repairing obligations can be complex and frustrating as well as fraught with risk due to often bespoke provisions within the lease. You can rely upon our experience in acting for a wide variety of clients ranging from SME occupiers to institutional investors.

We can draw upon our wide network of professional contacts including Dilapidations Surveyors, Section 18 Valuers and Counsel to help you to assemble a specialist dilapidations team to get the right result for your business.

We have a track record in delivering commercial, timely and cost-effective solutions often without the need for litigation.  That is why Surveyors often approach us on behalf of their clients to assist them in bringing negotiations to a successful conclusion.  However, where it is not possible to reach a settlement, we have the experience and the know-how to progress your claim through the Courts.

 

To find out more about how we can assist you with resolving a dispute or to arrange a no-obligation appointment to discuss your situation by video, telephone or in-person, please get in touch with any member of our team. Alternatively, complete our Enquiry Form and we will call you back as soon as possible.

 

Helpful Downloads

Property Dispute Resolution

Alternative Dispute Resolution

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Property Dispute Resolution

Do you have a Right of Way on your land?

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Alex Sandland

Partner

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Catherine Gregson

Associate

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Natalie Dean

Solicitor

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Meet the
Property Dispute Resolution Team

Our people are what makes Butcher & Barlow what it is. Each one of our team is committed to building a solid, long-lasting working relationship with our clients across Bury, Manchester and Cheshire.

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What our clients say about our Property Dispute Resolution Service

Catherine was great to work with. Despite the complexities of the issues, she was sound in her advice and confident in the end result, despite quite large hurdles that at the time seemed insurmountable. She was diligent throughout, kept me fully informed at each step and was always willing to take on board my views with regards to the matter at hand. Nothing has fazed her and, after nearly two years of perseverance, Catherine achieved a positive result.

Jane

I first engaged with Natalie Dean of Butcher & Barlow in spring of 2020. The case although simple at first glance soon became more complex due to a difficult if not aggressive defendant. Throughout the proceedings Natalie and her colleagues acted professionally with great knowledge and diligence resulting in a successful hearing and outcome. I would highly recommend Natalie and team to anyone looking for legal representation.

Matthew Sanders

I highly recommend Andy McKenzie as he has just helped resolve a case with our commercial landlord. He was friendly, professional and really quick to respond to us. We are delighted with the outcome and will not hesitate to use this firm of solicitors again in the future due to the help and advice we have received.

J Gleave

I've always found your work to be exceptionally detailed, thorough and put across in a very clear and logical manner, which I really respect and enjoy receiving updates from you as it does offer a lot of clarity/direction,

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