Boundary and Easement Disputes
Boundary disputes arise where the general boundary shown on the title plan does not resolve the parties' disagreement over the extent of their land. Under the Land Registration Act 2002, the title plan shows only a general boundary unless a determined boundary application has been made under section 60.
Easement disputes concern rights of way, drainage, services, and other rights over neighbouring land. Claims may involve express grants, implied easements under section 62 of the Law of Property Act 1925, or prescriptive rights acquired through 20 years' uninterrupted use.
Professional Negligence in Conveyancing
Conveyancing negligence claims arise where a solicitor, surveyor, or search provider fails to exercise reasonable skill and care during a property transaction. Common failures include missed restrictive covenants, inadequate title investigation, failure to report defects to the lender, and incomplete pre-contract enquiries.
- Failure to identify restrictive covenants or easements on the title
- Inadequate local authority or environmental search interpretation
- Breach of lender reporting obligations under the CML Handbook
- Failure to raise proper pre-contract enquiries (TA6, TA7, TA10)
- Missing planning enforcement or building regulation issues
- Negligent certificate of title to the mortgage lender
Defective Property and Title Disputes
Defective property claims encompass misrepresentation in seller's replies to pre-contract enquiries, non-disclosure of material defects, and disputes over the state of the property at completion. Title defect claims involve missing title deeds, possessory titles, and applications for rectification of the Land Register under Schedule 4 of the Land Registration Act 2002.
- Misrepresentation in Property Information Form (TA6) replies
- Non-disclosure of known defects, disputes, or planning issues
- Rectification and alteration of the Land Register
- Indemnity claims under Schedule 8 of the Land Registration Act 2002
- Adverse possession applications under Schedule 6
Court Routes and Tribunal Procedures
Conveyancing disputes may be heard in the County Court, the High Court (Chancery Division), or the First-tier Tribunal (Property Chamber). CPR Part 56 governs landlord and tenant claims and certain property proceedings. Boundary disputes typically proceed in the County Court, while Land Registry rectification applications are heard by the Property Chamber.
- County Court: Most boundary, covenant, and negligence claims
- High Court (Chancery Division): Complex title disputes, large value claims
- First-tier Tribunal (Property Chamber): Land Registry rectification
- Party Wall disputes: Party Wall etc. Act 1996 surveyor appointments
- Alternative dispute resolution: Mediation strongly encouraged by the court
