Ownership & Title Disputes Solicitors

Ownership and title disputes are often time-critical, particularly when commercial property or farmland is involved. If the position is unclear, it can delay a sale, refinancing, development, or succession planning. It can also disrupt day-to-day operations, from access for deliveries and contractors to farm tracks, gates, and field boundaries.

We help you take control of the situation early. We will review the title, plans and evidence, explain your options in plain English, and set out practical next steps. Where a negotiated outcome is realistic, we will pursue it firmly. Where it is not, we will protect your position and move matters forward.

Common situations we see include:

where physical boundary features do not accord with the available title documentation
unclear ownership following an inheritance or a change in family arrangements
where there is encroachment or trespass onto your property
disputes over shared access routes, service roads, and private tracks
title issues discovered during a sale, lease, refinance, or development project

Get expert advice on ownership and title disputes today

If you need clarity on ownership, boundaries, or access, contact Butcher & Barlow.

Call us on +44 (0)161 797 5650 or email enquiries@butcher-barlow.co.uk.

Why choose Butcher & Barlow as your Ownership and Title Dispute Solicitors?

Every dispute is different, but the priorities are often the same: protect the asset, protect the operation, and get a clear route forward. We advise commercial property owners and rural land owners across a wide range of matters involving farmland, rural estates, commercial premises, and inherited property.

You will get clear advice on:

what the documents and evidence show
the practical risks, including impact on value, access, and timescales
the options available, including likely costs and likely outcomes
what to do next and what not to do, to avoid making the position harder

Where it makes sense, we will use negotiation and mediation to resolve matters efficiently. If court action is needed, we will represent you robustly and keep the focus on achieving a workable outcome.

What to do now

If an ownership, boundary, or access issue is developing, early steps often make the difference. You can help your position by:

keeping copies of deeds, plans, correspondence, and any agreements (even informal ones)
saving dated photographs and keeping a simple timeline of events
noting who has used the land or route, how often, and for how long
avoiding informal “permission” arrangements that are not recorded
taking advice before blocking access, moving fences, or changing locks

Adverse possession & squatters’ rights

Adverse possession and squatter’s rights can create real uncertainty for land owners, especially where a yard, strip of land, track or boundary area has been used for years.

If you are a land owner facing a claim, we will act quickly to assess the evidence and protect your position. If you are considering a claim, we will advise whether the legal tests are likely to be met and what evidence will be needed.

We can help with:

reviewing occupation history and documents
preparing or responding to Land Registry applications
negotiating a practical settlement, where appropriate
Court or tribunal proceedings where the dispute cannot be resolved

Read our guide to adverse possession after Brown v Ridley

Prescriptive right of way

A right of way can sometimes arise through long-term use over private land, even where there is no written agreement. In rural and commercial settings, this can affect farm operations, development plans, security, and day-to-day access.

We advise on whether a right is likely to exist, what evidence matters, and the options for formalising, challenging, or managing access.

Understanding right of way claims based on long-term use

A claim usually depends on use that has been open, continuous, and without permission, stealth or force over many years. Evidence is key. We help you assess the strengths and risks, and we set out the practical steps to move matters forward.

Formalising a right of way

Where the evidence supports a claim, we can help you prepare the documentation and present the claim properly, whether through the court or the Land Registry.

Protecting your land from new access rights

If you are a land owner and you want to avoid a right becoming established, timing matters. We can advise on clear strategies to manage access and record permissions properly, without inflaming neighbour disputes.

Right of way & access disputes

Access disputes can disrupt farms, commercial premises or rural estates. They often arise when a route is blocked, restricted, diverted or challenged in a way that causes substantial interference with a legal right of access.

We focus on resolving disputes efficiently, while protecting your operational needs and your position as a land owner or commercial property owner.

Right of Way Disputes: Resolving Access Conflicts

Disagreements over access can escalate quickly if not managed carefully. We will help you establish the facts and apply them to the relevant law, understand the documents and history, and choose a strategy that fits the situation, whether that is negotiation, mediation or court action.

Blocking a right of way: Legal ramifications and solutions

Blocking access can lead to urgent court action, including an injunction requiring access to be restored, particularly where there is substantial interference with a legal right of way. We will advise on the safest way to respond, protect your position, and avoid escalation where possible.

Right of way Over private land

Many disputes arise from unclear deeds, historic arrangements, or routes that have changed over time. We help you interpret what the documents mean in practice and agree on sensible solutions that protect both access and the asset.

TOLATA claims

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) helps resolve disputes over jointly owned property or assets held informally.

Where property is owned jointly, or where ownership shares are unclear, the court can be asked to decide who owns what share and what should happen next. This is often relevant for family assets, farming arrangements and business premises.

We advise on:

the likely ownership position based on contributions and agreements
negotiation to reach a workable settlement
Court applications where an agreement cannot be reached

Seeking a TOLATA declaration: clarifying property interests

A TOLATA declaration provides certainty over ownership and usage rights. If you need certainty to plan for the future, we will help you understand your position and the steps available to resolve the dispute.

Related disputes that often lead to ownership and title issues

It is not unusual for these disputes to raise ownership and title issues.

Contested probate and property ownership

Inheritance disputes often become property disputes because they create uncertainty over who owns the land or premises, who can occupy it and what should happen next. This is common where farmland, rural estate or commercial property forms a significant part of the estate, or where family and business arrangements have developed over time.

We advise beneficiaries and executors where the dispute affects property, for example:

a challenge to whether a Will is valid and the knock-on impact on ownership
disagreement about whether property was meant to be shared, transferred, or held for someone else
disputes over occupation, management, or control while the estate is being dealt with
uncertainty where land or buildings have been treated as part of a farming or business arrangement

We will set out the property position clearly, protect the asset, and drive the matter towards a practical outcome. Where possible we will resolve the dispute through negotiation or mediation. If court action is needed, we will represent you robustly and keep the focus on securing certainty.

If your dispute is primarily about the estate rather than the land itself, we will guide you to the right Solicitor within the Contentious Probate team, while keeping the Property Disputes strategy aligned.

Farming partnership disputes

Farming Partnership disputes often result in ownership and title disputes, particularly where land, buildings, yards, or tracks have been treated as Partnership assets without clear documentation.

These disputes can arise when:

land or buildings are treated as “partnership property” without clear documentation
a Partner leaves, retires, or dies and occupation or control needs to be agreed
succession plans change and expectations do not match the paperwork
family and business arrangements overlap, creating uncertainty about ownership and use

We deal with these matters through property dispute resolution. We will identify what is owned personally and what is owned by the Partnership, pin down the evidence, and set out a clear route to a workable outcome. Where possible, we will resolve matters through negotiation or mediation. Where that does not protect your position, we will act decisively through the court process.

Where succession or estate issues are driving the dispute, we will work closely with the Wills, Trusts and Estates team so the property dispute strategy stays aligned and the land is protected.

Property management issues relating to rural land

Rural Estates often run smoothly until a practical issue becomes a property dispute. When maintenance, boundaries, access, or management responsibilities are contested, the priority is property dispute resolution: establish the facts, protect the asset, and secure a workable outcome.

We resolve these disputes by focusing on what matters commercially and operationally:

who is responsible for the work or cost, based on documents and the history on the ground
what needs to happen now to keep the Estate or business running
what outcome is realistic, and how to secure it in writing so the issue does not return

Common disputes include:

responsibility for repairs, upkeep, and shared facilities
boundary and fence responsibilities between neighbouring land owners
access routes, gates, tracks, and the use of private roads
disagreements with Tenants, Managers, or Agents about day-to-day obligations
estate services and costs where expectations have drifted over time

Where an early agreement is achievable, we will pursue it firmly through negotiation or mediation. If that does not protect your position, we will take decisive steps to enforce your rights and resolve the dispute.

Rural land issues and ongoing management

Where a dispute is driven by ongoing management issues, we can help you document responsibilities clearly and put practical agreements in place, so the same problem does not return.