Property & Building Disputes

Property Disputes

Over the last few years, Kerseys have gathered a fast growing reputation for dealing with property dispute work, covering everything from landlord and tenant problems to rights of way disputes.

We are uniquely placed for this work as we have always been strong in property work, both commercial and residential, so specialising in property disputes as well is a natural progression. We have the experience of acting for landlords as well as tenants.

Our litigation team and property team work closely together. Our litigators will, for example, often discuss cases with the property team to gather the 'conveyancing perspective' on a matter, work which is rarely charged to our clients. This has also lead us into the related area of negligence claims against solicitors since sometimes, regrettably, the client has no solution with the other party due to poor drafting or advice by their property solicitor in the first place.

We offer fixed fees for initial advice and will agree fees for study of deeds and site visits. We work closely with James Aldridge surveyors who will prepare plans and reports with analysis and measurements where appropriate.

The cost of this kind of work is sometimes covered under the Legal Expenses section in your Building and/or Contents insurance. It is worth checking this out if you have a dispute. Some insurers will agree to some initial indemnity but insist you use a solicitor 'on the panel'. This solicitor is often located a considerable distance away, so you cannot see him and develop a good professional relationship during what can be a stressful time, let alone get him to visit a site to properly understand and advise on the case.

Under law, you are entitled to the freedom to instruct a solicitor of your choice. Insurers will usually relent on this issue and acknowledge that it is to their advantage, as well as yours, to have a local solicitor involved who knows the local scene, including the local court.

Building disputes

Kerseys litigation department also has a growing reputation for finding cost-effective, practical solutions in disputes over building work, whether acting for the building owner or the builder.

We are well aware that in this area particularly, clients are deterred from instructing lawyers due to fear of costs escalating out of proportion to the amount at stake. But when the amount at stake is 'only a few thousand' this is still money that the client should have and there can also be a principle at stake too.

We assist in the following ways:

• By giving a low cost but robust initial assessment of the merits and options.
• By being willing to pick up the telephone and take on settlement discussions 'without prejudice', whilst indicating clearly to the other side the strength of our client's case in court should those discussions be ineffective.
• By working closely with surveyors who take a similar 'hands-on stance', but who are not afraid to have their conclusions tested in court if necessary. In particular we work closely with James Aldridge surveyors and in appropriate cases will recommend that they should run the case in the early stages if this is the most cost effective solution for our client.
• By using good mediators where appropriate.
• By assisting clients to conduct their own litigation where possible to keep the costs down. For example, in some small claims we can draft the court papers ('pleadings') and advise on court process and tactics, without going on the court record if the client does not require us to.
• By getting on with court proceedings in as cost effective way as possible where there is no alternative.