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What happens during a business property dispute?

  • Blog
  • 06 March 2017

Businesses can face legal issues and disputes from a variety of areas, from dealing with late payment from clients and dissatisfied customers to contractual issues and health and safety problems.

It’s also possible to be embroiled in disagreements about your working premises and where you conduct business. We explain what you can expect from a business property dispute.

What happens during a business property dispute?

Types of disputes

Property disputes can take a number of forms as they encompass so many differing facets of a business. Some of the most common property disputes businesses can face, include:

  • Landlord and tenant issues – including disputes over rent, premises and tenancy agreements
  • Leasing – issues involving your business’s right to use a property, for example, as the location for your company
  • Boundary disputes – settling arguments between different landowners about where one party’s property ends and another’s begins, or if your business is encroaching on someone else’s property
  • Construction disputes – dealing with arguments over construction and planning. For example, if you want to expand your business by building new facilities onsite, but this is met with resistance and opposition by neighbouring homes and businesses
  • Acquisition of land – issues concerning the buying and selling of land for your business

What happens?

During disputes there are often negotiation periods or litigation to go through, which varies depending on the type of dispute. Planning, for example, can see your business having to submit detailed plans to the council to explain what you intend to do, before having private and public consultations before any work is green-lit.

In some cases, such as boundary disputes, there is a period when legal teams will mediate in order to find a satisfactory resolution through the courts.

Like other hearings, the general legal process, involving a property dispute, is a case of presenting your evidence and putting your argument forward, either personally or via a legal team. Then, after both sides have made their case, the presiding judge will rule in favour of one party.

This can resolve the dispute, but if the result doesn’t go in your favour, meaning your business doesn’t have planning permission or access to land, it can hamper the growth of your business. On top of the cost of legal fees, this can be a large financial blow to your company.

How can FSB help with business property disputes?

At FSB, our members have access to our Legal Protection Scheme, which can provide help and support for them and their companies during a property dispute. This can help make sure a dispute is resolved effectively, and lessen the financial impact of legal costs, allowing members to get back to running their business.

The service includes:

  • 24-hour legal advice helpline
  • Access to advice from qualified solicitors and barristers
  • Our online Legal Information Hub, which provides a range of support materials
  • Legal cost insurance

If you’d like to learn more about how we can help in the event of a business property dispute, or to find out about our other legal services, please get in touch with our team or visit the FSB Legal Protection Scheme page.

Legal Protection Scheme from FSB

Legal protection covers various scenarios and ensures you and your business are covered

Find out more