How to resolve a commercial property dispute
How to resolve a commercial property dispute
If you or your company own, occupy, develop, or manage a commercial property, you may come up against a variety of challenges. When faced with such issues, it can be difficult to know how to resolve matters. Disputes can easily affect your daily operations, projects, and profitability, which can quickly become stressful.
Where individuals or companies are facing these issues, they will naturally be wondering how they can resolve the dispute in question. In this article, we’ll explore the topic of how to resolve a commercial property dispute, including related property dispute considerations, and your options for accessing support if you need it.
If you are keen to discuss commercial property disputes today, please contact our expert team at IBB Law.
What is a commercial property dispute?
A commercial property dispute is a disagreement between two parties concerning a commercial property issue. The dispute might relate to any type of commercial property, whether an industrial building, an office or retail space.
Such disputes might concern sale or purchase, the ownership or management of a property, disputes regarding property title, or disagreements over use of land.
Due to the complicated nature of these disputes, working with an expert commercial property solicitor is recommended. Our experts at IBB Law can help you to protect your interests when approaching commercial property dispute resolution.
Can you sell a property with a dispute?
If you would like to sell a property that is involved in a dispute, it is an option, though naturally, there are different factors which can have an impact on the process and the eventual outcome.
The seller is required to disclose any issues or disputes concerning the property. Unless the seller discloses such information, they could end up facing a legal claim.
It is also worth being aware that, properties that are a part of a dispute can put buyers off, as well as negatively affecting the property value.
Where a property is involved in a dispute, it is highly recommended that you seek to resolve matters before attempting to sell.
How do you resolve a commercial property dispute?
How a commercial property dispute is resolved will largely depend on the circumstances, and the complexity of the matter. For example, the parties may be able to negotiate between themselves, resolving the issue without legal intervention.
Where matters cannot be resolved informally, there are various options for commercial property dispute resolution which include:
Mediation: A type of alternative dispute resolution, where the parties are joined by a qualified mediator, who acts as a neutral third party. The mediator assists both to work toward a resolution, without imposing any decision, and always remaining unbiased.
Mediation can be particularly appropriate where the parties involved wish to protect an ongoing business relationship, for example a landlord and tenant. Generally, this is because mediation processes can be more amicable compared to Court proceedings, focused on open communication, and finding resolutions that are mutually acceptable where possible.
Arbitration: In this process, the parties that are in dispute are each invited to communicate their case and viewpoint to the arbitrator. It is the role of the arbitrator to evaluate each side of the argument, review the evidence, and make an unbiased, legally binding decision.
If it is unlikely that the parties involved will be able to come to a resolution between themselves, arbitration, if available or agreed to between the parties, is likely to be more suitable. Often, arbitration can be preferable in comparison to litigation. Arbitration is a private and confidential process, whereas Court processes are not always fully confidential, and certain details may become public depending on the circumstances.
Litigation: If the dispute cannot be resolved by informal negotiations, or some form of alternative dispute resolution, it will be necessary to escalate the case to litigation processes. As litigation is more costly and time consuming, this is generally a last resort for dispute resolution.
Where disputes escalate and cannot be solved outside of Court, litigation may be the only available option to resolve matters. Where exercising this option, it is unlikely that the business relationship will be preserved, however, it may be the only option available to settle a dispute.
What is the best way to resolve a commercial property dispute?
There is no one best way to resolve a commercial property dispute, how the matter is best resolved largely depends on the circumstances.
For example, where disputes are relatively straight forward, and where the parties involved intend to continue a commercial relationship after settling the dispute, it may be best to attempt to negotiate first, either between themselves, or with legal support.
Where matters are slightly more complex, yet parties would like the option of resolving matters amicably, and out of Court, mediation is generally the best option.
In some cases, Court proceedings may be the only option to resolve the issue, for instance, where out-of-court proceedings have failed, and conflict has continued to escalate.
What are the potential costs in resolving a commercial property dispute?
There are various costs which may be associated with resolving a commercial property dispute, these include:
- The legal fees of settling a property dispute
- Any expert opinions, for example, where experts must be consulted regarding property valuation or building surveying issues
- Court, arbitration and/or mediation fees
Rest assured, where you work with our solicitors at IBB Law, you will receive detailed fee information throughout your dispute. We appreciate that clients require information, to make decisions about their finances moving forwards.
Can a commercial property dispute be settled without going to Court?
Yes, it is possible to resolve a commercial property dispute without going to Court. For example, the disputing parties may choose to negotiate and discuss matters between themselves, without any legal intervention whatsoever.
Alternatively, commercial disputes can often be settled using alternative dispute resolution processes such as mediation, which do not require the disputing parties to attend Court.
If your preference is resolving matters out of Court, it is advised that you work with a solicitor with expertise in this particular area of the law. Our experts at IBB Law have much experience helping to guide clients through these matters and can provide bespoke assistance every step of the way.
How can our Commercial Property Disputes Solicitors at IBB Law help
At IBB Law, our team of commercial property solicitors are well regarded for our expertise, we are considered one of the leading property litigation teams in London, the Thames Valley, and the South East. Our legal team specialise in working with commercial clients such as investors, asset managers, retailers, charities, institutions, owners and developers.
We will make sure that you understand all the options available to you to resolve your dispute, and where legal action is not your best option, we will ensure that this is communicated to you.
Our commercial property dispute resolution lawyers are excellent negotiators, as far as possible, we will attempt to find fast and efficient alternatives to Court processes. Our team includes experienced mediators, who can explain in detail, your options for both mediation and arbitration.
Where litigation is your only viable solution, rest assured, our team have much experience in taking complicated property disputes to trial in County Court, High Court, Property Tribunal and at arbitration. All of our solicitors are members of the Property Litigation Association.
Alternatively, you can use our contact form to make an enquiry.