Litigation &

Dispute Resolution

Property & Land Disputes

When ownership, boundaries or access become an issue

Disagreements over land and property can quickly become stressful, particularly when they involve neighbours, shared access, boundaries, easements, or ownership rights. These disputes often affect not only the value of your property but also your ability to use and enjoy it.



At Smith and Partners, we help property owners, developers, businesses, and individuals resolve land and property disputes with practical advice focused on achieving the best possible outcome.

What is a contract breach?

A contract breach occurs when one party fails to meet the obligations they agreed to under a legally binding contract. This could involve failing to deliver goods or services, failing to make payment, not meeting agreed timeframes, or otherwise not complying with the terms of an agreement.


Not every disagreement amounts to a breach of contract. Understanding your rights, obligations, and the remedies available is often the first step towards resolving the dispute.

Common property and land disputes


Our team regularly advises clients on matters including:


  • Boundary disputes
  • Easements and rights of way
  • Access disputes
  • Ownership and title disputes
  • Co-ownership disagreements
  • Encroachments
  • Land use disputes
  • Covenants and land restrictions
  • Adverse possession claims
  • Property-related injunctions


Every property dispute is different, and the best solution will depend on the facts, the property records, and the legal rights of everyone involved.


Understanding property disputes


Property disputes often arise when there is uncertainty about ownership, access, boundaries, or the interpretation of legal rights attached to land.


While some matters can be resolved through discussion or negotiation, others require legal advice to clarify the parties' rights and responsibilities before a resolution can be reached.


Seeking advice early can often prevent disputes from escalating and help preserve relationships where possible.


Resolving property disputes


Many property disputes can be resolved without formal court proceedings.


Depending on your circumstances, options may include:


  • Negotiation between the parties
  • Mediation
  • Boundary agreements
  • Easement negotiations
  • Court proceedings where required


Our goal is always to resolve disputes as efficiently and cost-effectively as possible while protecting your legal interests.


Why seek advice early?

Property disputes rarely resolve themselves and often become more complex over time.


Obtaining legal advice early can help you:


  • Understand your property rights
  • Clarify ownership and access issues
  • Protect the value of your property
  • Avoid unnecessary escalation
  • Explore practical solutions before court becomes necessary

How Smith and Partners can help

Our Litigation & Dispute Resolution team works with homeowners, rural landowners, developers, businesses, and property investors throughout Auckland and New Zealand.


Whether you're dealing with a boundary dispute, access issue, easement disagreement, or another property matter, we'll explain your options in plain English and help you achieve the best possible outcome.



If you're involved in a property or land dispute, contact Smith and Partners to discuss your situation and learn how we can help.

Frequently Asked Questions

  • How do I know where my property boundary is?

    Property boundaries are not always as clear as fences or existing structures suggest. If there is uncertainty about the legal boundary, it may be necessary to review the property's title, survey plans, easements, or other land records. 


    We can help you understand your legal position and the options available to resolve the issue.

  • What is an easement or right of way?

    An easement gives one property owner certain legal rights over another person's land, such as access via a shared driveway or the right to run services. Disputes can arise when there is disagreement about how an easement can be used or who is responsible for its maintenance. 


    We can explain your rights and help resolve any issues.

  • Can a property dispute be resolved without going to court?

    Yes. Many property and land disputes are resolved through negotiation, mediation, or other forms of dispute resolution before court proceedings become necessary. 


    Seeking legal advice early can often help clarify the issues, preserve relationships, and achieve a practical outcome without the time and expense of litigation.

  • What should I do if I'm in a dispute with my neighbour?

    Neighbour disputes involving boundaries, access, easements, or land use can quickly become stressful if not addressed early. Before taking action, it's important to understand your legal rights and obligations. 


    We can help assess your situation, explain your options, and work towards resolving the dispute as efficiently as possible.

Helping you navigate disputes

Practical articles and legal insights on disputes, litigation, mediation, and resolution.

Left Out of Your Parent’s Will? Your Rights and Estate Claims Explained
By Carolyn Ranson June 13, 2026
Being left out of a parent’s Will — or receiving less than you expected — can be both surprising and distressing. The law in New Zealand provides that, in many cases, this may not be the end of the matter.
Why Estate Disputes Still Happen: The 2026 Patterns behind Estate Claims
By Carolyn Ranson June 7, 2026
In our experience, estate disputes are rarely unexpected. They tend to arise where known risk factors—such as estrangement, informal caregiving arrangements, or uneven provision in a will—have not been addressed clearly during lifetime.
The Strategic Advantage of Settlement: Why Resolving Litigation Early Often Makes Sense
By Natalie Miller May 26, 2026
In the realm of civil and family litigation, the decision to settle a dispute rather than pursue a judicial outcome is often framed as a tactical choice
Red arrow pointing up, surrounded by white arrows pointing to the side, against a blue background.
By Nathan Tetzlaff January 30, 2026
The jurisdiction of the Disputes Tribunal doubled from $30,000 to $60,000 on 24 January 2026, causing significant changes for collecting medium sized debts. This increase is intended to improve access to justice and reduce the need for costly District Court litigation for medium sized disputes.