Personal Dispute Resolution

Landlord and Tenant: How long will it before I can obtain a Court Order for possession of my property? Due to the pandemic, the Coronavirus Act 2020 has been implemented and the rules as to when we can issue court proceedings for possession differ depending on how and if the Tenancy Agreement has been breached. Once proceedings have been issued the claim will first be listed for a review hearing…

Landlord and Tenant: Can I re-enter my property without an Order for Possession? If you re-enter the property without obtaining an Order for Possession, then the tenant can pursue you for unlawful eviction and claim compensation even if they are in breach of the Tenancy Agreement. It is not wise to re-enter a property without a Possession Order. There is no limitation deadline as to when the tenant might pursue…

Personal Dispute: Can a neighbour enter onto my land without my permission? If a neighbour enters your land without your permission then they will be committing the offence of trespass which is a civil wrong (it is rarely a criminal matter) – however if this is a minor trespass and no damage is caused it is unlikely to be necessary to revert to your legal rights.

Personal Dispute: Can the neighbour block my access? This will depend upon the facts of the case and a thorough review of your title deeds will be required before being in a position to advise. Once, if the neighbour does block your access then we can advise you on possibly obtaining an injunction but this will depend on the facts of the case. It may be necessary to act promptly,…

What can I do to prevent the neighbour carrying out works on the boundary line? / Can I work on the boundary line? There is a law known as the “Party Wall Act” which sets out a procedure for carrying out certain works at or near to a boundary. A surveyor can advise you if the Act is likely to apply – if so, it is important to comply with…

Protection for people who rent their homes is being extended while the Covid-19 restrictions continue to affect people’s livelihoods. Natalie Tatton, Solicitor in our Dispute Resolution team provides an update. The measures include a ban on evictions until 11 January 2021 at the earliest. The only exceptions to this will be the most egregious cases, including where tenants have demonstrated anti-social behaviour or are the perpetrator of domestic abuse in…

Rebecca Armstrong Solicitor in our will claims team reports on this recent case. Four siblings have succeeded in overturning their mother’s Will after the court agreed that she had not fully understood its consequences when she signed it. The case pitted the mother’s first four children against her youngest child, the defendant. In 2004, the mother and her husband had executed mirror Wills, which meant that if the husband died…

The High Court has upheld a vulnerable woman’s Will and rejected a claim by her daughter that she had been subjected to undue influence. By Rebecca Armstrong Solicitor The case involved two sisters, Teresa Ann Coles and Heather Christine Reynolds. In 2002, their mother made a Will leaving her estate to be divided equally between them. However, the relationship between the two sisters deteriorated in 2009. In 2012, the mother…

A LEADING legal firm is maximising its expertise by branching out to offer a specialist wills dispute service nationwide. Cartmell Shepherd Solicitors, the only legal firm in Cumbria to be a member of the innovative UK200Group, has launched a wills dispute resolution website. Peter Stafford, Cartmell Shepherd Solicitors’ managing director, explained why the firm, which has traditionally concentrated on mainly serving communities across Cumbria and Northumberland, has made the move…

A landowner has succeeded in getting a restrictive covenant modified to enable him to build a second house on a small plot. By Jonathan Carroll Director and Head of Agriculture Mr Neil Sheppard owned a detached house on a 1980s housing estate. He bought the property in 2010, subject to restrictions on the title imposed by a conveyance in 1985, made between the developer and the original buyer. The restrictions…