Over the last few years, Kerseys have gathered a fast growing reputation for dealing with property dispute work, covering everything from landlord and tenant problems to rights of way disputes.
We are uniquely placed for this work as we have always been strong in property work, both commercial and residential, so specialising in property disputes as well is a natural progression. We have the experience of acting for landlords as well as tenants.
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Our disputes team and property team work closely together. Our litigators will, for example, often discuss cases with the property team to gather the ‘conveyancing perspective’ on a matter, work which is rarely charged to our clients. This has also lead us into the related area of negligence claims against solicitors since sometimes, regrettably, the client has no solution with the other party due to poor drafting or advice by their property solicitor in the first place.
We offer fixed fees for initial advice and will agree fees for study of deeds and site visits. We work closely with James Aldridge surveyors who will prepare plans and reports with analysis and measurements where appropriate.
The cost of this kind of work is sometimes covered under the ‘Legal Expenses’ section in your building and/or contents insurance. It is worth checking this out if you have a dispute. Some insurers will agree to some initial indemnity but insist you use a solicitor ‘on the panel’. This solicitor is often located a considerable distance away, so you cannot see him and develop a good professional relationship during what can be a stressful time, let alone get him to visit a site to properly understand and advise on the case.
Under law, you are entitled to the freedom to instruct a solicitor of your choice. Insurers will usually relent on this issue and acknowledge that it is to their advantage, as well as yours, to have a local solicitor involved who knows the local scene, including the local court.
We also have a mediation service available or can recommend other mediators if we are representing you.