The majority of our work is privately paying and we will typically require a payment on account of our fees before commencing work. We do not do legally aided work.

Property Development Disputes Solicitors

Property developments take a long time and require a lot of work to deliver. They can also expose developers, landowners and everyone in between to significant levels of financial risk. This is why it is critical that any disputes that might arise during the process are resolved quickly and efficiently or, better still, are avoided in the first place. 

At JMW, our property litigation team assists clients with all phases of the development cycle, with the aim of reducing delays, minimising costs and mitigating risk. Our experienced lawyers deliver a commercially focused and cost-effective service to protect and promote your interests.

Whether you are a developer looking to deliver a large commercial site, or a landowner looking to dispose of property for maximum value, we are equipped to give you tailored and effective legal advice. We regularly work with small to large-scale developers, joint venture companies, high net worth individuals, landed estates, family businesses and management companies to help our clients get the most out of their property deals or to quickly resolve disputes.

If you are ready to discuss an issue you have with a proposed or existing development, get in touch with JMW today. Call 0345 872 6666 or fill out our online enquiry form to request a call back.

How JMW Can Help

At JMW, our property litigation solicitors provide strategic legal support throughout the development cycle. We help clients anticipate issues early, manage risk and work through the commercial pressures that can arise as projects progress. Our team acts in complex matters involving contractual disputes, easements, restrictive covenants and neighbouring land challenges, and we regularly advise during challenging market conditions. We work closely with clients and their professional teams, offering clear guidance and practical support to keep projects on track and resolve disputes with minimal disruption.

We advise on the full range of development-related disputes and can assist with:

• Contractual disputes: resolving issues arising from development agreements, overage deeds and breaches of contract.
• Restrictive covenants: assessing covenant risks, enforcing covenant terms or defending alleged breaches, and making applications to the Upper Tribunal to modify or discharge covenants.
• Easements: advising on rights of access, rights to light, drainage rights and claims involving interference with easements.
• Service of notices: preparing and serving statutory and contractual notices, including option notices and break notices to secure vacant possession.
• Nuisance claims: acting for claimants and defendants in disputes arising from noise, vibration, access, dust or other development-related interference.
• Site clearance strategies: advising on boundary issues and assisting with securing vacant possession from tenants or trespassers.
• Specialist statutory regimes: handling disputes under the Telecommunications Code, Building Safety Act and Party Wall Act.

JMW also has expert teams which specialise in the following disciplines: 

• Transactional Property Law (including site acquisition and sales) 
• Planning law
• Construction law 
• Restructuring and insolvency law 

We work closely with our clients, their surveyors and other professional advisers to deliver commercially focused outcomes. Where appropriate, we pursue resolution through negotiation or mediation, and when litigation is necessary, we prepare cases thoroughly to protect your position.

Meet Our Team

JMW’s property litigation team advises developers, landowners and investors on all aspects of land and property development disputes.

What Are Common Causes of Development Disputes?

Development projects involve multiple parties, detailed contractual arrangements and a range of statutory obligations, which means disagreements can arise at any stage. Many disputes originate from the terms of development agreements, whether through unclear drafting, differing interpretations or delays that affect key milestones. Issues can also arise where there are misunderstandings about land use, obligations relating to infrastructure or the timing and delivery of works.

Physical characteristics of the site often play a role. Boundary discrepancies, disputed access routes, interference with easements or the presence of restrictive covenants can restrict how land may be used and create practical and commercial obstacles. Problems uncovered during due diligence – such as title defects, adverse entries on the register or previously unknown rights – can also affect a project’s viability and lead to disagreements between the parties.

Neighbouring landowners may raise objections to proposed works, bring nuisance claims or dispute the impact of a development on access, drainage, rights to light or environmental conditions. Planning and environmental issues can add further complexity, particularly where permissions are delayed, conditions are imposed or neighbouring owners challenge the scheme. Contamination, drainage concerns or interference with existing rights may also come to light as construction progresses, increasing both cost and risk.

These factors can disrupt progress, create uncertainty and undermine commercial outcomes. At JMW, we work with clients from the earliest stage of a project to identify potential flashpoints, address risks proactively and put strategies in place to minimise the likelihood of disputes arising. When issues do occur, we provide clear guidance on the legal options available and work to contain disruption to the development.

Dispute Resolution Options for Development Disputes

Development disputes can materially affect timing and cost, so resolving them efficiently is essential. Many matters can be settled through negotiation once the legal and technical issues are understood. Mediation provides another route to agreement without the costs associated with formal proceedings.

Alternative dispute resolution (ADR) is also a key tool in development-related matters. Mediation is widely used in this sector because it allows parties to explore commercially driven solutions that a court may not be able to order. It can help preserve working relationships, reduce delays and provide a confidential and flexible environment to address complex issues such as access rights, covenant constraints or interpretation of technical documentation. Other ADR processes - including without-prejudice meetings, expert determination and early neutral evaluation - can be particularly effective where disputes centre on valuation, construction issues or the performance of contractual obligations.

Some situations do require more formal intervention. Disputes may need to be referred to specialist tribunals, or urgent applications for injunctions or declarations may be necessary to prevent works, preserve rights or address immediate risk. Where court proceedings are unavoidable, the team at JMW prepares cases thoroughly and manages the process with the aim of securing the best achievable outcome while limiting disruption to the project.

What Is the Process of Instructing JMW in Relation to Your Land and/or Development?

When you instruct JMW, we follow a clear and structured approach so you know exactly what to expect from the outset. Our process typically involves the following stages:

• Initial conversation: once you get in touch, we will speak with you about the land, development or scheme in question and the issues you are facing. This helps us understand the context before any detailed work begins.
• Understanding your objectives: we then take a closer look at your aims, the commercial pressures involved and the practical realities of the development. This allows us to shape an approach that reflects the needs of your project and the parties involved.
• Costs and projected timescales: we will outline the likely costs and set out anticipated timeframes, giving you a clear sense of how the matter may progress and helping you plan ahead with confidence.
• Active management of your matter: once instructed, we move quickly. Our team keeps you updated throughout, provides focused and practical guidance, and identifies the next steps required to keep the matter progressing smoothly.

At JMW, our property litigation solicitors provide strategic advice from the earliest stage of a development. We help clients work through complex issues at any point in the development cycle and offer practical, targeted solutions to protect their position. Our experience acting for both developers and landowners means we are well-placed to resolve disputes efficiently and reduce disruption to ongoing projects.

We have a strong track record in development-related disputes and work closely with clients and their professional teams to secure the most effective outcome, whether through negotiation, mediation or, when required, formal proceedings.

Q

What is the typical turnaround time?

A

We understand the importance of acting quickly on instructions. While specific timelines vary based on case type and complexity, we prioritise efficiency and proactive communication to complete transactions quickly and pragmatically.

Q

Can JMW advise both developers and landowners?

A

We act for both developers and landowners, which enables us to understand the perspectives and drivers on each side. This provides critical insights into likely negotiation tactics, challenges and solutions that we can use to our clients' benefit.

Q

Does JMW work with specific property sectors or asset classes?

A

We work across the whole property sector. Our clients own and develop brownfield, greyfield and green belt land, and specialise in residential, industrial, commercial and mixed-use developments.

Q

Can property disputes be resolved without litigation?

A

In many cases, property disputes can be resolved without going to court, saving time, money and stress. While the suitability of alternative dispute resolution methods depends on the specific circumstances of your case, these approaches are often effective in reaching a settlement that benefits all parties. At JMW, we help clients to explore these options at an early stage and tailor our approach to the needs of each specific dispute.

Q

How much do JMW's services cost?

A

Our property litigation team offers fixed fees, in addition to hourly rates. We can give you an idea of potential costs and funding structures during our initial consultation.

Get in touch with our expert property litigation team to learn more about how we can help you today.