Property And Land Disputes
Property and Land are often very valuable assets and litigation in this regard can be fierce and ferociously expensive. Frequently disputes involve more than two parties and, of course, the more people involved, the more points of view, which means more lawyers and more work to be done - the more costly and complex it gets. Before you know where you are, experts of various kinds are giving conflicting opinions and the litigation feels like an unstoppable runaway train. Well, it can be stopped – by mediation.
Disputes can be about anything, from the interpretation of a contract for or relating to the sale of land, the terms of a lease, mortgages or enfranchisement (that is when a residential lease is extended under the Law). People and businesses fallout over ownership, mortgages, leases, tenancies, damage, noise, encroachment, boundaries, restrictive covenants – basically anything can be disputed and then it has to be sorted out. Any such disputes must be disclosed to any prospective purchaser – so a sale without resolving the problem is rarely an option. Disputes that are unresolved can make land unsaleable. Once people take up positions, they often fail to see the wood from the trees. They think of the conflict in terms of “right” and “wrong” and the legal narrative relevant to their “case.” Mediators understand this – but they also know that very often the presenting disagreement is complicated by the relationships between disputants, their beliefs and feelings and the sub text, as opposed to the overt legal narrative the lawyers are debating. Mediators work to resolve the complex dispute drivers that the parties themselves don’t often understand. Mediation helps people come up with attractive options completely off the court menu of options (which are limited to say the least).
There was a dispute between two flat owners about noise. The legal and experts’ costs just before trial were £62,000, the forecast costs of trial £32,000. The agreed cost of installing the noise insulation between the two flats was £2,800! This was mediated in a day with one flat owner buying the other out – not an outcome the court could have imposed! Get the point?
Mediation is fast, costs a lot less than litigation and is the sensible way to sort out disputes