Common Property Disputes

A common form of property dispute are boundary disputes between neighbours. These can often be determined by reference to the title deeds but in some cases rights can be acquired over a neighbour’s land by usage (rights of prescription).

In certain cases, ownership of land can be acquired by possession (adverse possession) provided that the Possessor has used the land as their own without consent for a period of time.

HM Land Registry

In order to regulate this type of ownership an application has to be made to HM Land Registry who will grant a possessory title if successful. This title can later be upgraded to an absolute title.

At Judkins Solicitors, our experienced solicitors also advise on defending possession proceedings brought against individuals by Banks and Building Societies either in a private residential mortgage context or where a matrimonial home has been mortgaged as security for business debts.

We have also acted for clients in obtaining possession of a property and / or for a declaration for an interest in property pursuant to the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA”).