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Other Problems

There are many other areas where property disputes may arise. Some issues might include:

Health and Safety:

Issues can arise over an organisation’s adherence to health and safety protocol. Health and Safety is a complicated topic, which we would suggest you discuss with a relevant professional should they arise. A relevant professional in this instance might be a health and safety consultant or a property manager with health and safety experience. For more information on Health and Safety legislation and its application, please visit the “Health and Safety” section of our web resources.

Equality Act Access Requirements:

Your premises should be accessible to all users including those with disabilities. This can lead to disputes, particularly in old buildings with poor general access. For more information on access requirements please refer to the “Accessibility” section of our web resources.

Adverse Possession:

Adverse possession describes a situation where unauthorised occupation of premises results in rights over the occupied premises. This is known commonly as “squatters rights”. The application of legislation requires careful analysis, and therefore if you have an issue in this area we would suggest you contact our Property Advice Team or a professional advisor such as a solicitor with commercial property experience or a surveyor.

Rights of Way:

In certain circumstances rights of way for third parties can be created through consistent use. Again, if a dispute arises regarding new rights of way please contact a relevant professional. A planning consultant or solicitor will be well placed to advise on this.

Party Wall Notices:

A party wall notice must be served by you on your “adjoining owner” (i.e. your neighbours) if you wish to undertake any works which impact upon a boundary wall you share with an adjacent property. This might include internal works if you share a wall with a neighbouring building. Similarly, if your neighbour intends to undertake works they should serve a party wall notice on you. Party wall notices can be complex and require professional support from a party wall surveyor (often a building surveyor) and in some cases a solicitor. For more information on the process, please follow this link to a CLG resource setting out the process. This document is quite technical but a building surveyor and/or architect can help you through the process.

If you have any difficulties in these areas or require further details as to how to deal with disputes, please contact our Property Advice Team for further assistance. Click here for details on how to contact the Foundation.

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The Foundation would like to thank Russell Cooke LLP for their contribution to this Property Advice section of the website.