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.
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A WORD FROM OUR CLIENTS …
I highly recommend Donnacha and Carter Anhold. They are a hard working, patient and professional team as well as being experts in Family Law. After a negative experience before Carter Anhold, I decided that hiring a private solicitor was in my best interests.
When our loan was bought over, it was an extremely difficult and worrying time for us. We would like to thank Donnacha Anhold, Caroline Mc Keown and all the team at Carter Anhold & Co for bringing the matter to a successful conclusion and for the highly professional manner in which they did so .We would highly recommend Carter Anhold & Co.,Solicitors.
Carter Anhold & Co., Defamation Solicitors in Sligo acted for me in a very serious and damaging Defamation Case that brought me a lot of embarrassment and worry at the time. I am very thankful to Carter Anhold & Co., Defamation Solicitors for the very professional manner in which they achieved the settlement of my defamation case which meant I did not have to go through the full Court process.A very sensitive and harrowing matter for me was dealt in a very comforting, careful and professional way and I thank everyone at Carter Anhold & Co., Defamation Solicitors in Sligo and Dublin for always being there when I needed their help, for keeping me updated and informing me at all times in bringing my matter to a successful conclusion.
Sincere thanks to Carter Anhold & Co., Solicitors for representing me in my recent High Court action relating to an Equine Partnership Dissolution and for successfully securing a Settlement of €75,000.00 on my behalf.Their professionalism and vast experience in dealing with equestrian related cases is exceptional.I was expertly advised every step of the way. Thrilled with the outcome, and would highly recommend Carter Anhold & Co.,Solicitors.
Carter Anhold & Co. Employment Solicitors Sligo dealt with an Employment Law matter for me whereby my employer had failed to pay me my correct wages under a Contract of Employment, and in circumstances whereby I needed legal assistance to compel my former employer to eventually pay me what was due to me. Carter Anhold & Co. Employment Solicitors in Sligo helped me to avail of the correct Employment Law complaint procedures to ensure proper payment to me by my former state body employer. I would like to thank Carter Anhold & Co. Employment Solicitors and all their staff for their help, assistance and for the very attentive and prompt way in which they helped to bring my matter to a successful conclusion.
Carter Anhold & Co., Solicitors Sligo & Dublin successfully secured the setting aside of a very serious Judgment that a former bank incorrectly registered against me, where the consequences of this would have been very serious for me and my family. I would like to thank Carter Anhold & Co., Solicitors in Sligo & Dublin for their expert legal assistance on the matter and I would have no hesitation in recommending them to anybody in a similar situation.
Carter Anhold & Co took on my medical negligence case and I couldn’t be happier with the outcome of the matter. Donnacha negotiated a great settlement on my behalf and I would like to thank him and the staff at Carter Anhold for their hard work, professionalism and the delicacy with which they handled this very sensitive matter.
Carter Anhold & Co., Solicitors recently acted for me in relation to a High Court action with Allied Irish Banks plc wherein my family home was at risk of being taken from me. This of course was an extremely distressing and unsettling time but thankfully the matter has now concluded and I would like to express my appreciation to my Solicitors for the efficient and indeed professional manner in which my affairs were dealt with. The level of detail looked at on all issues of my case was impressive to say the least, and I owe the success and victory of my case to your dedication and perseverance.