As a provincial firm in the heart of the North West of Ireland, Carter Anhold & Co is a firm that has a wealth of experience and expertise in the area of Property and Land based litigation.
Our experienced team of Solicitors in this area are happy to assist you and advise you in any way they can.
It is important that if a Land or Property dispute arises between two or more parties that a non-contentious solution is sought first. However, if this is not possible than Land or Property based litigation may be the only way to establish a remedy.
Some of the main Land and Property based Litigation areas that we cover are:
Right of Way Actions
An action seeking to establish a right of way over, on, or through land or property can be sought mostly in two separate manners:
- A Private Right of Way
- A Public Right of Way
A private right of way is one in favour of a specific user or group of users. This can normally be established once a person has proven on the balance of probabilities that they have twenty years use of the specific area, as of right.
A public right of way can only be established through litigation:
- By statute or other act of Government
- By proving use of the area since time immemorial
- By Dedication – where the landowner has dedicated the right of way to the public and the public have accepted that dedication
Often disputes can arise between neighbouring Property and Land Owners over the nature or dimensions of their boundaries. Encroaching can often occur without a property owner realising, and it is important if you suspect that this has happened that you consult a Solicitor immediately on the issue.
If you are worried about any damage which may have be done to your property, or you are worried about preserving your property or a structure the relatively recent Land and Conveyancing Law Reform Act, 2009 and sections 44 an 45 of that act are very helpful, which permit a qualifying person to apply to the court for an order authorising the carrying out of specified works or a works order.
If you have entered into a Contract and that contract has not been performed or has not been performed fully, then you may be entitled to an Order of Specific Performance, which requires a party to the Contract to perform their contractual obligations.
The remedy of Specific Performance is an equitable remedy, and is one that is at the discretion of the Court to provide, or otherwise.
The resort to this remedy can arise in situations such as trying to enforce the purchase or sale of a property, or trying to enforce a building contract amongst others areas.
If you feel a person has wrongfully entered or come on to your property, without your express or implied consent, or without authority to do so, or wrongfully caused something to come into contact with your land or property this may amount to a trespass.
It will however take close and careful scrutiny of the particular set of circumstances involved, to try and establish if a trespass has in fact occurred.
Should you have any queries in this areas we will be more than happy to assist you.
Landlord and Tenant Litigation
The area of Landlord and Tenant Litigation is as wide as it is complex and covers a vast range of areas.
Carter Anhold & Co., has a vast amount of experience in the all areas of acting for both Landlords and Tenants.