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I have a right of way over my neighbours’ property but they are stopping me from using it; can I do anything?
You can take action (including court proceedings) against your neighbour if their actions amount to a “wrongful interference” with your right of way.  Whether something is a wrongful interference depends upon the circumstances in each case but examples include; placing a fence over your right of way, building on your right of way or installing a locked gate so you cannot access your right of way.

 

I have a piece of land which I don’t really use and someone is now claiming that they have been using it for so long that now they own it; is this right?
It sounds as though the person is claiming adverse possession over your land.  An adverse possession claim can succeed if the person can show each of the following:

i) possession of the land for the either 10 or 12 years depending on the situation;

ii) with the intention to possess the land; and

iii) possession of the land without your consent.

If the person can show that this is the case then a claim for adverse possession could succeed.

I have a residential tenant who is refusing to leave my property; how do I get them to leave?
There are specific procedures to remove a residential tenant; if you don’t follow the correct procedure you could face civil and criminal penalties. You need to serve a notice demanding possession of the property.  The type of notice will depend on whether the tenant is at fault (i.e. failure to pay rent).  If you serve the notice and the tenant still doesn’t leave then you will need to issue proceedings at court seeking possession of your property.

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Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
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