Property disputes can arise in a wide variety of contexts. The principal ones are:
- Business leases – dilapidations, consent to assignment or subletting, service charges, rent review and the right to terminate.
- Residential tenancies – service charges and disrepair.
- Boundaries and other rights such as easements and nuisance.
- C0-ownership of property.
- Where promises are said to have been made about the future ownership of property so that an ‘estoppel arises’.
Property disputes are often complex and raise difficult legal issues. Some types of dispute – particularly those involving neighbour relationships – can escalate far beyond the value of the subject matter involved.
Mediation offers a confidential and collaborative approach to resolving property disputes. The participants can discuss their issues openly and work towards a mutually beneficial agreement. This process can save time and costs compared to litigation and may be able to preserve or repair relationships.