Legal dispute resolution
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Property & Boundary Disputes
We all take pride in looking after our properties. They are often our most prized and valuable asset. That is why it is important to get specialist legal advice as soon as possible if a dispute involving your property arises. Our solicitors have extensive experience of these types of dispute.
It is often better to resolve a dispute without the need to go to Court. That is particularly the case in property or boundary disputes where, if possible, neighbourly relations should be maintained. That is why our solicitors will, from the outset, explore with you whether it is possible to resolve such disputes through alternative dispute resolution, such as mediation. If it is not, they are well placed to represent you at Court, guiding you throughout the process.
We will always talk with you openly and honestly regarding costs from the very beginning and can act on a No Win No Fee basis in the right circumstances.
- Disputes over Rights of Way or other Easements;
- Claims of Trespass, Nuisance and unlawful damage to property;
- Claims for Adverse Possession;
- Breaches of Covenant;
- Boundary disputes;
- Neighbour disputes, including claims of harassment;
- Charging Orders and Orders for Sale of property or land;
- Party Wall disputes;
- Mortgage repossessions.
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Our Recent Work:
- Successfully defending a farmer client at a four-day trial in a claim brought by his neighbour, in which she sought to restrict his use of a lane, the effect of which would have been to severely affect his farming business;
- Defending a client in an application brought by a government department to force a sale of his home for a third-party debt;
Cohabitation/Unmarried Couples
When a marriage or civil partnership breaks down, any property, savings, pensions, shares or other assets owned by either or both parties are divided. This will often include assets owned solely by one of the parties.
Although a significant number of people believe in the notion of a common law marriage, the arrangement has no legal standing. If a relationship breaks down the claim each party has on the other bear no resemblance to the breakdown of a marriage and that they will be treated the same as a married or civil partnership couple, there is no such thing. In this case, there is no automatic entitlement to a share in an asset that is owned solely by the other party. This can often lead to unfairness, particularly if it has been a long relationship with children.
Our solicitors are experienced in acting for people who find themselves in need of advice at the end of a relationship.
We are able to advise on:
- Establishing a share in a property by proprietary estoppel, constructive trust or resulting trust;
- Seeking a sale of jointly owned property where there is disagreement between owners through the Trusts of Land & Appointment of Trustees Act 1996 (TOLATA);
- Advising upon the terms of separation/cohabitation agreements;
- Drafting separation/cohabitation agreements.
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Our Recent Work:
- Securing a 50% beneficial interest in a property via a constructive trust, following a trial in the County Court. The Defendant appealed to the Court of Appeal, which settled during the appeal hearing;
- Reaching an amicable agreement following a claim for an interest in farm property by way of proprietary estoppel, brought by our client’s brother following the death of their mother;
- Reaching an agreement at mediation on the division of assets acquired by an unmarried couple during a long relationship. The assets had a value of in excess of £2 million and included company shares, commercial and residential properties.
Wills & Inheritance Disputes
We offer specialist advice and assistance to Executors, Trustees, Administrators, Beneficiaries and disappointed Beneficiaries who may wish to dispute a Will. Our specialist dispute team is able to assist in resolving probate or inheritance claims or disputes regarding the administration of a Will. Find out if you can contest a Will.
When somebody close to you dies, the last thing you want to think about is the financial implications. However, it is unfortunately the case that disputes do arise regarding the way in which a deceased’s Estate should be shared.
You may feel you have been unfairly left out of a Will. You may have concerns about the validity of a Will and wish to contest it. It may be that somebody died without leaving a Will and you feel you have lost out as a result. It may be you are acting as an Executor or Administrator of a deceased’s Estate and somebody is challenging the Will or making some other claim.
Brewer Harding & Rowe Solicitors have a specialist team of solicitors with considerable experience of Will and inheritance disputes. We specialise in providing advice to Beneficiaries, Executors, Administrators and Trustees in all kinds of Will or inheritance claims. Our solicitors will take a sensitive and pragmatic approach to your claim to ensure that any effect on the family dynamic is kept to a minimum.
There are particular rules regarding costs in Will and inheritance disputes. Sometimes they are paid from the Estate. We are always willing to have a free initial conversation with you to discuss your claim, at which point we shall discuss the issue of costs. It may be that we are able to act on a No Win No Fee basis, depending on the circumstances of the claim.
We have set up a dedicated website to provide you with further information regarding these claims. Please click here to be redirected to our dedicated website.
We are able to advise on:
- Contesting a Will;
- Inheritance Act 1975/disappointed beneficiary Claims;
- Claims relating to an abuse of a Power of Attorney or Deputyship Order;
- Claims that the Deceased was pressured or subject to Undue Influence;
- Mental capacity;
- Allegations of Fraud;
- Disputes relating to Trusts;
- Claims by or against Executors or Administrators;
- Challenges to lifetime gifts;
- Applications to remove or replace an Executor or Administrator.
Recent Cases:
- Successful Inheritance Act claim for a client whose father died without adequately providing for her in his Will. The Estate was valued at around £1.6 million;
- Securing monthly payments from a discretionary Trust for a client’s ongoing maintenance needs;
- Securing financial provision for two adult children from the Estate of their father, who died without leaving a Will;
- Successfully acting for two Beneficiaries of two residual trust funds in a claim against the Trustees for failure to administer the Trusts. The claim included an application to remove the Trustees.
Our Recent Work:
- Securing a 50% beneficial interest in a property via a constructive trust, following a trial in the County Court. The Defendant appealed to the Court of Appeal, which settled during the appeal hearing;
- Reaching an amicable agreement following a claim for an interest in farm property by way of proprietary estoppel, brought by our client’s brother following the death of their mother;
- Reaching an agreement at mediation on the division of assets acquired by an unmarried couple during a long relationship. The assets had a value of in excess of £2 million and included company shares, commercial and residential properties.
Property & Boundary Disputes
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