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Property Disputes

Residential and commercial property dispute resolution

Disputes over property boundaries, rights of way, easements, and access are common and can be highly stressful for property owners. Whether you are a homeowner, landlord, or commercial property owner, these issues can affect how you use and enjoy your property, reduce its value, and create ongoing tension with neighbours or other parties.

These disputes often arise where there is uncertainty or disagreement about legal rights or the physical extent of land ownership. Common examples include:

  • Boundary disputes where fences, walls, or extensions are alleged to cross property lines
  • Rights of way disputes over access routes, driveways, or pathways
  • Easement disputes relating to drainage, utilities, or service access across land
  • Access disputes where entry to a property or land is restricted or contested
  • Disagreements arising from historic or unclear property deeds or plans
  • Issues involving interference with land use or enjoyment of property

These types of disputes can escalate quickly if not addressed early, particularly where communication between parties has broken down. In many cases, resolving the issue depends on reviewing title documents, historical deeds, surveys, and other property records to establish the legal position.

Where possible, we aim to resolve disputes through negotiation and agreement, helping to avoid unnecessary court proceedings. However, where court action is required, we provide strong representation to support your case.

Our aim is to resolve property disputes in a clear, structured way, reduce conflict, and protect both the value and enjoyment of your property.

 

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Smiling solicitor in a light blue shirt and red tie, representing the East Midlands legal firm Ellis-Fermor & Negus, known for family law, property law, and employment law.

We are very satisfied with the service provided by Darren Kelly and his team. EFN will be our ‘go to’ firm of solicitors for all legal matters in future.

Darren Kelly

Director and Head of Dispute Resolution

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Why choose Ellis-Fermor & Negus?

Experienced property dispute solicitors

Expertise in boundaries, rights of way, easements, covenants, and party walls

Practical advice focused on cost-effective dispute resolution

Representation in negotiation, mediation, and litigation

Trusted by homeowners, landlords, and commercial clients across the East Midlands

Meet the team

Darren Kelly

Darren is the Head of our Dispute Resolution team and has over 20 years’ experience in Dispute Resolution. Darren qualified as a Solicitor in 1999 after reading Law and undertaking the Legal Practice Course at the University of Sheffield. He worked for a time as a legal clerk before joining Ellis-Fermor & Negus in 1998…

01773 744 744

d.kelly@ellis-fermor.co.uk

Darren Kelly is based at our Ripley Office.

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Ben Bourne

Ben Bourne is one of our directors and works within our Commercial Litigation and Charity Law departments. Ben is a member of the Charity Law Association and has also served on a number of Charity Trustee Boards.

01159 221 591

b.bourne@ellis-fermor.co.uk

Ben Bourne is based at our Beeston Office.

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Portrait of a male solicitor in a striped shirt and tie, representing Ellis-Fermor & Negus solicitors in the East Midlands.

Tim Jones

Dispute Resolution/Litigation Tim qualified as a solicitor in 2012 having previously studied at the University of Sheffield and Nottingham Law School. He joined Ellis-Fermor & Negus in 2010 and became a Director in 2025. Tim provides advice and representation in relation to a range of civil disputes but with a particular emphasis on:- Inheritance disputes/contested…

01159 725 222

t.jones@ellis-fermor.co.uk

Tim Jones is based at our Long Eaton Office.

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Claire Bristol

Claire has specialised in Personal Injury and Debt Collection for over 20 years. Claire attended Sheffield University where she obtained a BA Hons in Medieval & Modern History. After working as an Insurance broker and obtaining Insurance qualifications, Claire gained employment as a trainee Legal Executive and qualified as a Legal Executive in 1994 (known…

01773 744 744

c.bristol@ellis-fermor.co.uk

Claire Bristol is based at our Ripley Office.

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Smiling young solicitor in a formal suit and orange tie, representing Ellis-Fermor & Negus law firm.

Dylan Stanway

Dylan is a Solicitor in the Litigation department at our Ripley office. Dylan Studied LLB Law undergraduate degree at the University of Nottingham. He then completed the Legal Practice Course in the first intake at the University of Law in Nottingham. Dylan lives in Beeston and enjoys running in his free time, especially in Wollaton…

01773 744 744

Dylan.Stanway@ellis-fermor.co.uk

Dylan Stanway is based at our Ripley Office.

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Charlotte Price

Charlotte qualified as a Solicitor in 2025 having joined the firm as a trainee in 2023. Prior to that, she studied LLB Law at the University of Nottingham, graduating in 2022 with a first. She then completed the LLM Legal Practice Course at Nottingham Law School. Charlotte provides advice on a range of civil disputes…

0115 972 5222

Charlotte.Price@ellis-fermor.co.uk

Charlotte Price is based at our Long Eaton Office.

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Solicitors discussing legal matters during a consultation at Ellis-Fermor & Negus in Beeston

Reviews, what our clients are saying…

‘We met Tim Jones at a very anxious time for us …..he was kind and caring going the extra mile to ease our concerns. Tim was very knowledgeable and professional. Tim kept us updated at all times during the process… his advice was always sensible .Tim was very approachable ..we would highly recommend Tim and will use him again we trust him …’

‘Darren, Sarah and the team were incredible – so supportive and understanding throughout the process. This was my first experience requiring a solicitor of this nature, and they took the time to explain the steps clearly and answer all my (many) questions. They always answer the phone first time, respond to emails quickly and handled the whole situation very swiftly, professionally and with care, with a positive result at the end. Thank you so much Darren, Sarah and team!’

‘Ben provided me with some excellent advice and dealt with my matter swiftly and efficiently. His friendly but professional manner and the way he described and explained the various clauses gave me the confidence that I needed to sign the documentation without hesitation. Thanks also goes to Eliza for making the necessary arrangements and keeping me informed.’

‘EF&N responded to my initial enquiry very diligently and quickly. That level of service continued through to closing out the matter. We are very satisfied with the service provided by Darren Kelly and his team. Lines of communication were clear. The EFN team were easy to contact and responded to correspondence quickly. EFN will be our ‘go to’ firm of solicitors for all legal matters in future. Many thanks.’

‘Tim jones, acted quickly and made sure to give me time of day even with my busy schedule. Tim made things super easy to understand. Will definitely use again if needed, and recommend Tim, thankyou.’

Frequently Asked Questions

Property disputes can arise in various situations, including:

  • Boundary disputes – disagreement over the precise lines dividing properties
  • Rights of way and access issues – disagreements over shared paths or access to land
  • Encroachments – structures, fences, or gardens extending onto neighbouring land
  • Easements and restrictive covenants – disputes over rights or limitations affecting the property
  • Party walls – disagreements when building near or on a shared wall
  • Land registration and title issues – disputes over ownership, unregistered land, or adverse possession

Each type of dispute requires careful legal consideration to prevent escalation and protect your interests.

We act for a wide range of clients, including:

  • Homeowners – ensuring your rights are protected and resolving neighbour disputes
  • Landlords – managing disputes that may affect rental income or property access
  • Commercial property owners – protecting business interests and resolving access issues
  • Developers and investors – clarifying boundaries and easements to prevent future litigation

Our experience in both residential and commercial property law enables us to provide practical, effective solutions tailored to each situation.

A disagreement over where one property ends and another begins. They can involve:

  • Fences, walls, or hedges encroaching on a neighbour’s land
  • Disputes over garden or driveway lines
  • Disagreements arising from historic maps, deeds, or land surveys

How We Help:

  • Conducting a detailed review of title deeds, surveys, and property plans
  • Advising on negotiation strategies and potential mediation
  • Representing clients in court proceedings if required
  • Seeking injunctions or compensation where appropriate

Early legal advice is essential to prevent disputes from escalating into costly litigation.

A dispute over legal access to land or property, such as:

  • Shared driveways or pathways
  • Public or private access across private land
  • Disagreements over maintenance responsibilities

How We Help

  • Reviewing deeds, easements, and historic access agreements
  • Negotiating practical solutions and formalising access rights
  • Resolving disputes via mediation or formal legal action when necessary

Our goal is to ensure your access rights are legally recognised and enforceable.

Encroachment disputes occur when a property owner’s structure or improvement extends onto a neighbour’s land. Easements and restrictive covenants may also limit the use of property, leading to disputes.

How We Help:

  • Assess the legal validity of easements or covenants
  • Advise on options such as removal, compensation, or modification
  • Represent clients in negotiations or court proceedings if necessary

Resolving these disputes promptly protects your property value and avoids ongoing tension.

If you are planning to build near a shared wall or structure, you may face a party wall dispute.

We advise on:

  • Compliance with the Party Wall etc. Act 1996
  • Serving notices to neighbours
  • Negotiating party wall agreements
  • Resolving disputes over damage or access

Our solicitors ensure that building works proceed legally and with minimal conflict.

Sometimes disputes arise over ownership of unregistered land or long-standing use of property by another party. This may involve:

  • Adverse possession claims
  • Challenging claims of long-term occupation
  • Updating Land Registry entries

We guide clients through these disputes, ensuring ownership rights are protected and proper registration is maintained.

Step 1: Early Assessment

  • Review title deeds, surveys, and historical records
  • Assess strengths and weaknesses of your case
  • Provide clear advice on practical and legal options

Step 2: Negotiation and Mediation

  • Attempt to resolve disputes without litigation
  • Draft legally enforceable agreements where appropriate
  • Minimise cost, stress, and damage to relationships

Step 3: Formal Legal Action

  • Issue proceedings in the County Court or High Court
  • Seek injunctions, declarations, or compensation
  • Represent clients at hearings to protect legal rights

Yes. Many property disputes are resolved through negotiation, mediation, or alternative dispute resolution.

When someone occupies land they do not own for a certain period, they may claim legal ownership under specific conditions.

Yes. Legal advice ensures your rights are protected and the dispute is managed efficiently.

Resolution depends on complexity, parties involved, and whether litigation is necessary. Some cases may be resolved in weeks; others may take months.

Remedies include removal of encroachments, enforcement of easements, compensation, injunctions, or declarations of rights.

Yes. We provide advice and representation for homeowners, landlords, tenants, and commercial property owners.

Property disputes can be stressful and affect your investment or enjoyment of your land. Our solicitors provide expert advice, practical solutions, and robust representation to resolve disputes efficiently and protect your legal rights.

• Phone:

0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

• Email: infomation@ellis-fermor.co.uk

• Online Enquiry: ellis-fermor.co.uk/contact-us

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