Commercial property is central to Ireland’s economy. From retail and office space in Dublin to industrial units and mixed use developments nationwide, property is a significant asset class. But with property comes inevitable disputes—over ownership, leases, planning, development, and contractual obligations. These disputes are often high value, complex, and time sensitive.
At Fenecas Law, we specialise in contentious commercial property matters, acting for developers, landlords, tenants, investors, financial institutions, and commercial occupiers. Whether litigating in the High Court, appearing before statutory bodies, or negotiating urgent settlements, our focus is on protecting client interests and securing commercially practical outcomes.
Types of Property Disputes We Handle
We act for clients across the full spectrum of contentious commercial property matters, including:
- Landlord and tenant disputes – Rent arrears, service charge claims, break clause litigation, dilapidations, opposed lease renewals, and forfeiture.
- Title and ownership disputes – Conflicts over boundary positions, rights of way, restrictive covenants, and easements.
- Development disputes – Claims involving joint ventures, overage provisions, site assembly, and disputes with contractors or adjoining owners.
- Planning and zoning controversies – Contentious planning permissions, appeals, judicial reviews, and enforcement challenges.
- Sale and purchase disputes – Litigation over acquisitions involving misrepresentation, breach of warranty, or failure to complete.
- Construction and defect claims – Contentious claims connected to defective work, snagging, or defective titles.
- Mortgage enforcement and receivership disputes – Advising banks, lenders, and borrowers in contentious enforcement scenarios.
- Professional negligence – Claims against surveyors, solicitors, and valuers in the property sector.
No two property disputes are alike. We tailor our approach to suit the asset, the client’s objectives, and the commercial stakes involved.
Acting for Developers
Property developers frequently face challenges in progressing or protecting commercial schemes. We advise developers on:
- Disputes with joint venture partners or landowners.
- Planning permission appeals and judicial review proceedings.
- Objections by adjoining owners regarding access or boundary rights.
- Claims around restrictive covenants that threaten development potential.
- Enforcing contracts for sale or acquisition.
Our experience ensures that disputes are resolved efficiently to prevent unnecessary obstruction of time critical projects.
Acting for Landlords & Tenants
We represent landlords and tenants in contentious leasing disputes across office, retail, industrial, and mixed use properties. Our services include:
- For landlords – Rent and service charge recovery, repossession, lease forfeiture, and opposing lease renewals under the Landlord and Tenant (Amendment) Act 1980.
- For tenants – Defending service charge claims, asserting security of tenure rights, challenging unreasonable landlord decisions, or resisting possession claims.
Because we act for both landlords and tenants, we have unique insight into likely strategies on either side, giving clients an advantage in dispute resolution.
Boundary, Easement & Title Controversies
Boundary disagreements and rights of way disputes are a common cause of litigation in Ireland, often delaying development or sale of commercial properties. We act in:
- Declaratory proceedings to clarify property rights.
- Contested injunctions to prevent obstruction of rights of way or easements.
- Actions involving adverse possession and disputed title.
We work with technical experts, surveyors, and engineers to ensure that evidentiary foundations are robust.
Litigation, Arbitration & ADR
Contentious property matters are often resolved in the Irish courts but may also involve arbitration, expert determination, or mediation. We represent clients in:
- High Court and Circuit Court property litigation involving injunctions, possession, and damages claims.
- Commercial Court litigation for high value disputes requiring fast track resolution.
- Alternative dispute resolution including mediation and arbitration, offering confidentiality and cost efficiency.
- Statutory bodies such as An Bord Pleanála and the Valuation Tribunal, where planning or rating disputes arise.
Our litigation style is proactive, fully prepared for trial but always alert to commercially advantageous settlements.
Mortgage Enforcement & Receivership
We act for banks, alternative lenders, and borrowers in enforcement disputes. Services include:
- Enforcement of security through possession and receivership.
- Defending borrowers against improper or premature enforcement.
- Advising on priority conflicts between secured creditors.
Our team regularly appears in enforcement proceedings before the Circuit Court and High Court and is accustomed to urgent applications for restraint or possession.
Strategic Considerations
Property disputes frequently involve not just legal arguments but also valuation, development potential, and reputational concerns. At Fenecas Law, we focus on:
- Speed – Acting urgently where delays could compromise development or financing.
- Investigation – Collating documentary title, planning records, and expert evidence early.
- Parallel processes – Managing disputes that span planning law, construction contracts, and landlord/tenant law simultaneously.
- Commercial outcomes – Recognising that negotiated settlements often protect value more effectively than lengthy court proceedings.
- Reputation management – Containing publicity where disputes risk damaging investor or tenant relations.
Why Choose Fenecas Law?
- Specialist property litigation expertise – Significant experience in High Court and Commercial Court property disputes.
- Balanced practice – Acting for landlords, tenants, developers, investors, and lenders, giving tactical insight into counterpart positions.
- Cross disciplinary capacity – Combining property, planning, construction, and insolvency expertise.
- Commercial perspective – Advice grounded in protecting value, timeframes, and client reputation.
- Strategic results – Focused on achieving outcomes that allow clients to get on with business.
Contact Us
If you are facing a contentious commercial property dispute—whether involving leases, development, title, enforcement, or planning—decisive legal support is essential. Contact Fenecas Law today for clear guidance, strong advocacy, and commercially practical solutions in contentious property matters across Ireland.
