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Property Disputes

Attwells has a real depth of expertise with years of experience in property litigation.

We offer you expert analysis and innovative solutions in relation to all manner of property actions including: -

  • Serving the relevant notices to end a lease
  • Applying to court to fix the terms of a new business lease
  • Pursuing unpaid rent and service charge
  • Enforcing the performance of covenants
  • Recovering possession of premises
  • Dealing with dilapidations claims
  • Dealing with unauthorised alterations, assignments and sub-lettings

Our solicitors are regularly involved in actions before the property tribunal, County Courts and the High Court and we have the true expertise required to help you with the issues referred to above and indeed most other property related disputes.

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Property Dispute Case Assessment & Letter of Advice

Price: £350.00 plus VAT

What is included in the price:

  • Initial telephone conversation
  • Review of documentation in advance of drafting letter of advice (subject to reasonable number of documents)
  • Letter of advice setting the the legal position, our advice and an assessment of prospects of success for any potential claims
  • Answering any brief questions subsequent to letter of advice

What is excluded from the price:

  • Meeting at your local office with a lawyer (can be arranged at additional cost)
  • This service is subject to a fair user policy and will not, for example, be available in the context of complex litigation cases. We will notify you if you matter is not suitable for this service as soon the position becomes apparent and no charges will be rendered. We will recommend alternative pricing structures and services as appropriate.
  • Legal advice outside of the service requested

Disbursements:

Copy documents will be obtained as necessary at cost price from the land registry.

How long will it take?

The letter of advice will be produced within 10 working days from the date of instruction.

When will I pay?

Attwells Solicitors will ask you for money on account in advance of the reviewing your documents and drafting the advice letter so that work can get underway on your matter immediately.

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Trespass and Nuisance on Land

A trespass or a nuisance on land is a civil matter on the most part, however trespassing on a property could be considered as squatting or harassment which would be a criminal matter.

Trespass can occur in numerous ways dumping rubbish on someone’s land for example or encroaching on land. Whereas a nuisance is more likely to be inconsiderate such as repeated loud noise, unpleasant smells or rubbish.

What is considered trespassing?

The most common forms of trespassing are placing or leaving objects on land owned by a person or company without consent, equally removing land or property under the same conditions. You can also be considered as trespassing if you are abusing an existing right or easement or if you remain on land or property when consent has expired.

What is considered a nuisance?

A nuisance is a pattern of inconsiderate behaviour that impacts on your property or land. A pattern has to be proven and although there is no considered length of time a court is unlikely to rule favourably if you are taking legal action over a nuisance with a known or all probable ending, such as building work or a DIY project.  

Can I issue court proceeding if someone trespassing? 

Yes, however issuing court proceeding is not always the best cause of action. Attwells will always recommend you try to reach a win- win compromise first. If this approach does not work our disputes expert Edward Powell will be happy to assist you. Attwells offer a free initial chat, during this time we will ask you for a brief outline of your complaint.

Before attending your first appointment with Edward we’d also recommend you bring the following:

  • A record and/or timeline of events
  • Any proof or evidence such as photos, emails, text messages or letters received concerning the matter

Having this information will save you time and money.

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1 Hour Property Advice

 

1 hour face to face or via Skype, telephone or written advice with a  lawyer who has experience of the property query that you have raised with us.

Fixed Fee

£190 plus VAT

Included in the service

  • Ascertaining whether we can help you before the advice is given.
  • 1 hour meeting
  • A receipted VAT invoice following payment
  • You can choose to buy multiples of 1 hour up to a total of 3 hours advice

What is excluded from the service?

  • No guarantee is given that within the timescale allocated we can answer the question that you wish to raise with us
  • Legal advice outside the scope of the service described above
  • Tax advice  
  • Accounting advice
  • A follow-up letter

Disbursements

None are anticipated or will be incurred without your consent albeit on a property matter you may anticipate the land registry titles may need to be obtained albeit these should not exceed £50.  

How long will it take to get the meeting?

We will endeavour to arrange the meeting as quickly as possible and in any event within a  week of payment on account.

Who will do your work?

Your matter will be undertaken by one of our Commercial Property Solicitors: Nick Attwell; Will Oakes; Matthew Desborough or Joseph Harrison or our Trainee Solicitors under the supervision of Nick Attwell.

When will I pay?

You will need to pay the fee in advance together with any disbursements identified.

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