Land Litigation

The term Land Litigation has quickly become the root of an ongoing reaction to a spatial crisis everywhere. The amount of land on a continent or within a country is limited, and as populations grow, open areas tend to become scarce. Octopus is a firm that has a wealth of experience and expertise in the area of Property and Land litigation.

Real Estate Litigation and Land Use
When you're involved in a dispute over real estate issues, "the law of the land" takes on a whole new meaning. Whether you're a developer, a landowner, a title insurer, a real estate lender, a lessor or a lessee, the stakes are always high when real property interests are involved. It is important that if a Land or Property dispute arises between two or more parties that a non-contentious solution is sought first. However, if this is not possible than Land or Property based litigation may be the only way to establish a remedy & for that you need the right team on your side.

Right of Way actions

An action seeking to establish a right of way over, on, or through land or property can be sought mostly in two separate manners

  • A Private right of Way
  • A Public right of Way

A private right of way is one in favour of a specific user or group of users. This can normally be established once a person has proven on the balance of probabilities that they have twenty years use of the specific area, as of right.

A public right of way can only be established through litigation

  • By statute or other act of Government.
  • By proving use of the area since time immemorial
  • By Dedication – where the landowner has dedicated the right of way to the public and the public have accepted that dedication.

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