Residential Property Litigation

At Linley & Smith Solicitors, we have a team of residential property dispute solicitors to help with matters which need a legal expert to help resolve a contentious situation.

Residential Property Litigation

Possession Proceedings

Our property litigation solicitors can assist both landlords and tenants with possession claims. For landlords, you often have the right to take back possession of your property; however, you may need a court order to do so. We will advise you on the next steps based on your circumstances and ensure you’re acting fairly and within the law.

Right to Light

The Right to Light is an easement that grants property owners the legal entitlement to a specific amount of natural light entering their property.

If you believe that your rights are being violated, and a third party is making your home a less desirable place to live, then we can assist you to obtain a remedy through the courts. We will assess your legal rights as a property owner and stop them from being infringed upon.

Nuisance / Restrictive Covenants

A private nuisance includes a wide range of scenarios, such as excessive noise, tree roots damaging a neighbour’s land and flooding.

A restrictive covenant is a restriction on the use of land which the landowner / occupier agrees to comply with. It determines what a landowner / occupier can or cannot do with their property or land.

In both these cases, the legal advice of a solicitor is often needed to help enforce or resolve any disputes which may have arisen.

Party Wall Disputes

A party wall is a shared property boundary. If you wish to carry out works on your property that is near or on the party wall then you must tell your neighbours and ensure you have the correct permissions in order to carry out the works. This is called a party wall agreement.

A party wall dispute can arise when the property owner serves notice to carry out the building works but the neighbour objects to the work or does not respond to the notice in time. This is where we can help – our specialist legal team can help resolve your party wall disputes.

Boundary Disputes / Right of Way

A boundary dispute arises between landowners or occupiers of neighbouring properties.

It is important to resolve a boundary dispute as soon as possible so that the costs incurred do not become disproportionate to the value of the claim.

Similarly, rights of way can also turn into disputes. If a right of way over private land is changed, a dispute can be quick to follow.