Civil Litigation For Conveyancing: What Are the Top Property Disputes?

Buying or selling property should be a straightforward process, but the reality is, unexpected property disputes often arise that require legal expertise.

At Wayman and Long, we regularly support clients through conveyancing issues that escalate beyond initial expectations and move on to civil litigation. These disputes can be stressful, costly, and time-consuming, especially when they involve your home or investment property.

Understanding the most common property disputes can help you to recognise early warning signs and take action before matters reach the courts. In this blog, we’ll explore the top property-related issues that can come up during, or after, conveyancing and how civil litigation can help to resolve them.

What Is Civil Litigation For Conveyancing?

Civil litigation for conveyancing refers to legal proceedings that arise from disputes related to the buying, selling, or transferring of property. Whilst conveyancing is ideally a smooth process handled by solicitors; disagreements over contracts, boundaries, rights, or responsibilities can cause transactions to break down or even arise after completion.

Boundary Disputes

By far the most common property disputes are over boundaries. This issue often crops up after a sale, when a new owner makes changes to fences, hedges, or extensions. These disagreements typically come from unclear or outdated title plans, or from long-standing informal arrangements that were never legally recorded.

Common triggers for boundary disputes include:

• Erecting or moving fences or walls
• Building extensions that cross boundary lines
• Disputes over access to shared driveways or paths

Breach Of Contract

When a property transaction is underway, both the buyer and seller are bound by the terms of a contract once the exchange has taken place. If either party fails to meet their obligations, such as pulling out of the deal, failing to complete on time, or withholding important information; a breach of contract may occur.

Examples include:

• A seller failing to disclose structural issues or problems such as Japanese Knotweed
• A buyer refusing to complete despite contract terms
• Disputes over what fixtures and fittings are included/taken

Misrepresentation And Non-Disclosure

Sellers have a legal duty to disclose certain information about the property during the conveyancing process. If they knowingly provide false information or omit important details, this could amount to misrepresentation.

Examples of misrepresentation:

• Failing to disclose historical flooding, subsidence or faulty wiring
• Providing incorrect information about boundaries or access rights
• Omitting neighbour disputes or planning applications

Rights Of Way And Easement Disputes

A right of way gives someone legal access across another person’s land. These rights are often granted for access to neighbouring properties or water/gas/electric services, and are sometimes informal or undocumented.

Disputes arise when:

• A buyer discovers the right of way wasn’t disclosed before purchase
• A neighbour blocks or restricts access
• There is disagreement over who is responsible for maintenance

Party Wall Disputes

If you or a neighbour intend to carry out building work near a shared boundary or wall, the Party Wall etc. Act 1996 requires proper notice to be given and agreements to be reached.

Problems can occur when:

• Building work starts without consent
• Damage is caused to the adjoining property
• There is disagreement over surveyor appointments or costs

Title Defects And Registration Errors

Issues with the title to a property, such as unresolved covenants (restrictions on a property) or registration errors, can emerge during or after a sale. These can delay completion, impact a future sale, or lead to financial losses.

Common disagreements include:

• Unregistered land
• Duplicate ownership claims
• Undeclared restrictive covenants (a land restriction that hasn’t been formalised)

Leasehold Disputes

Leasehold property transactions come with their own unique set of potential disputes.

These often involve:

• Disputes over service charges or ground rent
• Delays in obtaining leasehold information
• Freeholder refusing consent for alterations or assignment
• Misunderstandings about the remaining lease term

Chain Breakdowns

In the UK, many property transactions are part of a chain. If one link breaks, such as a buyer pulling out or a seller accepts a higher offer at the last minute, it can cause financial and emotional stress for everyone involved. Although not all situations are legally actionable, certain scenarios involving misleading conduct or broken agreements after exchange may give rise to claims.

When Should You Seek Legal Advice?

If you’re involved in a property transaction and something feels ‘off,’ it’s wise to seek advice early. Many conveyancing disputes can be resolved without litigation, but the earlier you act, the more options you have.

At Wayman and Long, our team provides:

• Advice during the conveyancing process to help spot risks early
• Mediation and negotiation services to resolve issues amicably
• Court representation where litigation is necessary

Preventing Disputes Before They Arise

Whilst some disputes are unavoidable, many can be prevented through:

• Thorough due diligence by your conveyancing solicitor
• Clear and open communication between parties
• Accurate and up-to-date documentation
• Early professional advice if a disagreement begins

Choosing an experienced legal team like Wayman and Long means you’re in safe hands throughout the process. Our conveyancing and civil litigation teams work closely together, ensuring that if a transaction does take a turn, you have immediate access to specialist advice.

Get In Touch

Contact the expert Property Solicitors at Wayman & Long today for legal advice and support in resolving your property dispute. To get in touch with our dedicated team, you can call us on 01787 277375, email us at enquiries@waymanandlong.co.uk or fill out our online contact form.