Charlotte Lowe – dispute resolution solicitor – answers three of the most commonly asked Property Dispute questions.

I have a right of way over my neighbours’ property but they are stopping me from using it; can I do anything?
You can take action (including court proceedings) against your neighbour if their actions amount to a “wrongful interference” with your right of way.  Whether something is a wrongful interference depends upon the circumstances in each case but examples include; placing a fence over your right of way, building on your right of way or installing a locked gate so you cannot access your right of way.

I have a piece of land which I don’t really use and someone is now claiming that they have been using it for so long that now they own it; is this right?
It sounds as though the person is claiming adverse possession over your land.  An adverse possession claim can succeed if the person can show each of the following:

i) possession of the land for the either 10 or 12 years depending on the situation;

ii) with the intention to possess the land; and

iii) possession of the land without your consent.

If the person can show that this is the case then a claim for adverse possession could succeed.

I have a residential tenant who is refusing to leave my property; how do I get them to leave?
There are specific procedures to remove a residential tenant; if you don’t follow the correct procedure you could face civil and criminal penalties. You need to serve a notice demanding possession of the property.  The type of notice will depend on whether the tenant is at fault (i.e. failure to pay rent).  If you serve the notice and the tenant still doesn’t leave then you will need to issue proceedings at court seeking possession of your property.

For more information, or to contact Charlotte, please visit her profile.

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