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Off the wall!

Not only is ‘Off the Wall’ a reference to one of the most well-known albums in popular culture, for property litigation lawyers it can signify the beginning of a dispute between parties involving their properties.

Disputes of any nature are an unfortunate part of life but conflict between neighbours can take matters to a whole new level, something with which property litigation specialists are only too familiar. Our national property litigation team deals with cases ranging from boundary or right-of-way disputes through to right of light, party wall, trespass and complex property damage claims.  Our experience has shown us that no two cases are ever the same but the one thing that remains consistent is the importance of resolving these issues for our clients.

We have seen it all, so our in-house property litigation team has unrivalled expertise in dealing with every aspect of property disputes. Our clients rely on us to advise them on highly technical legal points of law but also look to us to provide them with practical and cost-effective solutions.

In helping our clients during what can become an overwhelming and daunting experience, we deal with the initial pre-action stages, including the exchange of relevant information between parties through to formulating tailored case plans where litigation is contemplated.

We are often called upon to consider important documents and piece together old title deeds – as you would a jigsaw puzzle – to tell stories about properties from their very first owners to the present day fallouts. This process usually requires a deep analysis of complex expert opinion together with colourful (and sometimes confusing) plans.

Where appropriate, we encourage parties to enter into the spirit of compromise by engaging in mediation sessions and often attend without prejudice meetings, in an effort to resolve disputes without the need to resort to court action.

It is inevitable that some disputes will not be capable of resolution through alternative methods and, for those cases, our team adopts a pragmatic approach to strategically take claims through the court process.

When obtaining a court order remains the only means of resolving a conflict, we ensure that we stay ahead in terms of strategy by minimising risks and we work together with specialist property law barristers to achieve the desired results for our clients.

Property litigation has become a niche practice area and Lyons Davidson’s 25-plus team has firmly established itself as a market leader in this sector.  Our focus remains our clients and protecting their properties.


Posted on Aug 1st, 2016 by Lyons Davidson