Property related conflicts are not uncommon in the UK, and when they arise, they can lead to contentious disputes, which can be challenging to resolve. In these situations, Chartered Surveyors play a crucial role in providing expert guidance and resolving conflicts in a fair and objective manner. Our valuable contribution in navigating property-related disputes, including boundary disagreements, landlord-tenant conflicts, and contract disagreements cannot be understated. In this blog, we will explore how we, Trinity Rose Chartered Surveyors act as trusted mediators, provide examples of our involvement in resolving conflicts, highlight relevant statistics, and emphasise the cost savings and benefits our involvement brings to all parties involved.
The role of Chartered Surveyors as mediators
Chartered surveyors act as impartial mediators when property disputes arise, offering expert advice to analyse and assess the situation objectively. We bring a comprehensive understanding of property laws, regulations, and industry processes, which allows us to provide informed advice and solutions. By working closely with all parties involved, chartered surveyors help facilitate constructive discussions, identify common ground, and seek mutually beneficial resolutions.
Boundary disputes are a common source of conflict among property owners. When neighbouring properties’ boundaries are unclear or disputed, chartered surveyors step in to determine the accurate boundary lines based on precise measurements and legal documentation. We conduct thorough surveys, examine historical records, and utilise advanced mapping technologies to provide definitive evidence. By doing so, we help prevent lengthy and expensive legal battles and ensure a fair outcome occurs for both parties.
How could we, as chartered surveyors resolve a boundary dispute?
Let’s say two properties were embroiled in a boundary disagreement that had strained their relationship for years. Each claimed ownership of a strip of land separating their properties. Instead of heading to court, they opt for a chartered surveyor to mediate the dispute.
We first look at and establish the boundary from the historical land registry, survey mapping, and other conveyancing documentation and title deeds. This may also involve getting old conveyancing files that acted on the original purchase or sale. Next, we examine exact evidence on the ground, which might include site investigation measurements and photographic evidence. Then it is necessary to examine if the boundary has been amended by the parties and/or previous owners at any point before the present time, including prior informal agreements.
If you went the legal route and didn’t choose to turn to a chartered surveyor, you would have to follow various steps including a full advisory report, then follow up by litigation and the intervention of a judge, who necessitates a Civil Procedure Rules Part 35 (CPR35) compliant report (Expert Witness Report) to decide where boundary lines are. This is an expensive process and should not be entered into lightly.
What are examples of landlord tenant conflicts and how can we help?
Landlord-tenant conflicts can arise over issues such as rental rates, lease terms, property maintenance, and repair responsibilities. Chartered Surveyors assist by conducting property inspections, assessing market rental values, and interpreting lease agreements. Our unbiased analysis and expert advice enable both parties to reach fair agreements, preventing prolonged disputes and potential legal action.
How can we resolve a rental value dispute?
Let’s say a commercial property landlord and tenant were engaged in a heated disagreement over the rental value. The tenant believes the market value has decreased, while the landlord maintains it has increased. To resolve the conflict, both parties agreed to consult with us, Trinity Rose Chartered Surveyors. As members of the RICS (Royal Institute of Chartered Surveyors), we conduct a thorough market analysis based on the condition, comparisons, and property value at the time of the analysis. Based on this evaluation, we provide an expert determination at a fair and objective rental rate, acceptable to both parties.
Why would a contract disagreement occur?
Contract disagreements can arise during property transactions or development projects when parties interpret terms and obligations differently. To avoid this from happening, we review contracts, identify potential ambiguities or discrepancies, and provide expert opinions on the intended meaning of specific clauses. For instance, a contractor and a developer could find themselves in disagreement over certain contractual obligations, which could vary from completion dates to the quality of materials. Each party interpreted the terms differently, leading to delays and frustration. To resolve the conflict, both parties could turn to us to resolve it. We would analyse the contract, identify areas of misunderstanding, and clarify obligations for both parties. As a result, the project could resume, without significant over budget costs and delays.
Statistics on the impact of Chartered Surveyors in conflict resolution
According to a survey conducted by the RICS, nearly 70% of property disputes were successfully resolved with the involvement of a Chartered Surveyor. Furthermore, 89% of the respondents expressed satisfaction with the surveyor’s services, emphasising their competence in handling conflicts efficiently and fairly.
The benefits of hiring a Royal Institution of Chartered Surveyors (RICS) member to resolve conflict
Engaging chartered surveyors in resolving property-related conflicts offers numerous benefits. By facilitating efficient dispute resolution, we save parties considerable time, money, and emotional stress that legal battles often entail. Additionally, our objective expertise ensures agreements reached are based on factual information and industry standards, fostering long-term relationships and preventing future disputes.
In conclusion, acting as impartial mediators, we contribute to resolving boundary disagreements, landlord-tenant conflicts, and contract disputes, which leads to fair and informed resolutions. With our expertise and professionalism, we continue to be trusted facilitators in the resolution of property conflicts across the country. If you need any advice, we are here to help anytime.