Property disputes have long been a fertile ground of litigation, and are often seen in both the Sheriff Court and the Court of Session. However, for those involved in such a dispute, it can be a frustrating (and potentially avoidable) experience. There are a variety of ways in which claims can arise, and a variety of solutions.

Here are three of the most common property disputes we see in litigation:

“I didn’t know that when I bought it!”

Buying and selling houses is a particularly common area of dispute. Once missives are concluded, there is a binding contract between buyer and seller, and if one party does not adhere to this contract, to the detriment of the other, there are normally grounds for litigation. Frequent grounds are that someone has agreed to buy a property but cannot pay the agreed price, there is a defect with the property (such as a faulty central heating system) or something else has not been disclosed (for example, there is a statutory notice over the property). In all of these cases, if the defect cannot or is not rectified promptly, compensation is payable.

“They’ve built their wall on my land!”

Although the registration documents for most residential properties now have an Ordnance Survey map attached, boundary disputes are still common. Often, neighbours will dispute the situating of a boundary fence or wall. If neither party is prepared to compromise, a Sheriff has the power to make a decision on a boundary.

“Are they allowed to walk across my property?”

Even modern title deeds can contain complex burdens involving rights of access to property, whether for pedestrian or vehicular access, or to lay electric cables or water pipes. Often, this will give rise to disputes between neighbours which will require expert assistance. Again, the Sheriff can make a decision on whether a right of access exists, and also prevent one party from obstructing the rights of another. (In Scotland, this is known as interdict.)

For further information, or if you have a property dispute which you would like to discuss with us, please get in touch on 01224 590053 or at info@djpsolicitors.com