Disputes – Commercial Property - Palmers Solicitors
Palmers Solicitors

Disputes – Commercial Property

Commercial leasehold agreements can be complex and if the terms of the lease are broken, by either the landlord or the tenant, this can lead to a protracted dispute which can be both stressful and costly.

Some of the most common disputes involve who is responsible for the maintenance of the property.

Other issues may include:

  • Forfeiting the lease, being termination of the lease by the Landlord in certain circumstances
  • Breach of covenant (breach of lease obligation)
  • Lease renewals and extensions where the terms have not been agreed
  • Service Charges
  • Unauthorised change of use or denying access to a common part of the property

If you are facing a commercial leasehold dispute, it is important to seek legal advice as soon as possible.

At Palmers Solicitors, our property litigation experts are able to provide advice and practical support for commercial landlords or tenants involved in a leasehold dispute. We will provide you with clear advice to help you resolve the issue in a quick and cost-effective manner.

  • Lease Renewals
  • Lease Breaks
  • Change of Use
  • Rent Reviews
  • Service Charges Issues
  • Repair Claims

Often referred to as ‘squatters rights’, adverse possession occurs when, under the Land Registry Act 2002 (LRA) where registered land is involved, a person can seek to acquire the title of possession after 10 years of exclusive occupation.

Adverse possession can be challenged but it is important to seek legal advice where a dispute over possession of land occurs.

For more information, get in touch with our expert commercial property dispute team.

If you need to urgently protect your company’s financial assets you can take out a commercial injunction either against an individual or another company.

Applying for an injunction also helps you to temporarily ringfence your business interests in the event of a dispute.

The team at Palmers can assist with

  • Prohibitory injunctions – to prevent an action from occurring
  • Mandatory injunctions – requiring an action to take place
  • Search orders – to search for and seize evidence
  • Freezing orders – to prevent financial assets from being disposed of

For help and advice on seeking a commercial injuction, get in touch with our expert commercial dispute team.

All land in the UK belongs to someone. It therefore follows that if you go on to land without the owner’s permission, you are trespassing unless there is legal right of access for the public, or if you have acquired a legal right to pass over the land to reach some land of your own.

Trespass disputes can be time consuming and costly unless they are dealt with promptly by experts in this area of law.

For help and advice with trespass disputes, get in touch with our expert dispute team.

There are two legal definitions relating to nuisance:

  • Public nuisance – arising from an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all.
  • Private nuisance – caused by a person doing something on their own land, which they are lawfully entitled to do but which becomes a nuisance when the consequences of their act extend to the land of their neighbour by, for example, causing physical damage.

Public nuisance is often dealt with through the criminal courts whereas private nuisance is commonly a civil matter.

Our dispute team can assist with disputes relating to private nuisance. Additionally, our criminal law team can assist where the matter relates to public nuisance where it has been reported to the police and a criminal investigation is underway.

For help and advice with nuisance disputes, get in touch with our expert dispute team.

Commercial boundary disputes can arise between businesses where there is a dispute over ownership of a particular piece of land.

Typically, issues occur when a new business takes over an adjacent property or decides to develop a piece of land next to another business.

Examples include:

  • Incorrect siting of a boundary wall, causing an encroachment onto neighbouring land
  • Disputes over responsibility for repairs and maintenance of a boundary feature
  • One party refusing to accept the new positioning of a boundary that has changed over a period of time
  • Land Registry plan disputes

It is important to deal with commercial boundary disputes swiftly to ensure the matter does not escalate and become a costly drain on resources, particularly if a business intends to sell as the value of the property can be negatively affected by unresolved boundary disputes.

For help and advice with commercial boundary disputes, get in touch with our expert dispute team.

Associate Solicitor
Commercial Hub, Basildon
Head of Commercial Litigation
Commercial hub, Basildon

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