Menu
Neighbour disputes can be some of the most stressful and difficult situations our clients encounter. We are highly experienced in dealing with a very wide range of disputes between neighbours (both in respect of residential and commercial property).
Partner in Dispute Resolution
We are experts in neighbour disputes and our team is dedicated to dealing with those type of property litigation issues.
We have a proven and longstanding reputation for delivering outstanding services and expertise.
We have a range of lawyers at different seniorities in the team to enable us to match the right level of lawyer to the complexity and value of the matter.
Neighbour disputes are often sensitive and personal. We have a huge array of knowledge and experience of resolving these disputes and ensure we maintain a view of the ‘bigger picture’ throughout the case, and how best to secure a strong result for you as early and painlessly as possible.
We offer high quality advice at great value.
The classic boundary dispute between neighbours is usually over a garden fence, wall or a driveway and does not necessarily have any substantial monetary value. However, it may still be important because of the effect it has on the enjoyment and security of your property.
To resolve these disputes, it is usually necessary to delve into the historic title evidence of the properties involved and the legal position can be complicated.
A specialist boundary surveyor is usually also required in boundary disputes. We have established relationships with some of the best boundary surveyors in the UK who we have worked with to secure beneficial outcomes for clients.
Boundary disputes are often linked to claims for “adverse possession”. This occurs where someone who is not the true owner of the land has been in control of it for a sufficiently long period that the law may recognise them as the new owner of the land.
Some examples of trespass to land by your neighbour include their straying animals intruding onto your land, extending a boundary onto your land or intrusion into your airspace. It can also occur where someone has a right to do something on your land but they use this excessively.
“Nuisance” is a legal term. It is an unreasonable use of land by your neighbour that interferes with the enjoyment of your land. The causes of nuisance are wide-ranging and can include noise, leaks, smells, vibration, chemical pollution, immoral activities and invasion of privacy, e.g. the use of CCTV or similar devices. A key theme running through the law on nuisance in this context is “reasonableness” between neighbours and it is generally behaviour or acts that go beyond that which may be a nuisance.
There may be circumstances in which you need permission to access your neighbour’s land, for example, to carry out building works. The law provides a narrow set of circumstances in which one person may be able to seek an Order from the Court permitting them to access their neighbour’s land against the landowner’s wishes, but such cases are often complicated and may be disproportionate depending on how critical it is that the access be obtained in that way.
Your neighbour might shout abuse over a separating wall/fence, destroy your plants or hedges, deliberately play loud music and abandon their rusting cars against an open boundary. In isolation, such acts may not amount to much, but when they are continuous and become part of a campaign by your neighbour, it can have major consequences.
Resolution
Unlike many other disputes, neighbour disputes are often not primarily about money. They can be especially stressful because of the physical proxmity of the issue and the need to live day-to-day next to the person you are in dispute with, often subject to the actions you are concerned to stop.
This is one of the reasons why nearly all types of neighbour dispute are best resolved by way of agreement, if possible. This also reduces legal costs and duration of the dispute, minimises the damage to the neighbourly relationship and obtains certainty of outcome.
Often neighbour disputes will end up in the Court but that should always be a last resort. We encourage all clients to consider alternative methods of resolving a dispute with their neighbour including by mediation. We are experienced at resolving neighbour disputes in creative and pragmatic ways and we can provide sensible and practical solutions to help resolve what can become protracted, difficult and expensive situations.
The terms “legal” and “beneficial” interest refer to the way in which a property is owned. Most property in England and Wales is registered with Land Registry, and in those cases the “legal” owner of a property will be the person named on the title register to the property at Land Registry. However, the law recognises that the legal title may not reflect the reality of the ownership position. It is therefore possible for property to be “beneficially” owned in a different way. Used in this way, the term simply refers to the parties who have the real “benefit” of the ownership of the property. For example, in the scenario we refer to as scenario 1, above, one party may be the legal owner of the property, whereas the two parties may be equal beneficial owners. Often, the beneficial interests in a property will reflect the parties intentions, rather than the strict legal position.
The beneficial interests in a property dictate the manner and identity of the parties entitled to deal with the property in question. The beneficial interests in a property are usually most important when one party is seeking to deal with a property – for example, to sell it – against the wishes of someone who believes that they have a beneficial interest, but disputes can arise at any time.
This is a complex question, but the simple answer is that this can either be expressly agreed by the parties who own the property, or else it can be implied by the law. Examples of implied beneficial ownership may be when one party has contributed towards the purchase of the property or the mortgage, has carried out work to the property, or where a promise has been made by the legal owner that a party would acquire a beneficial share.
Again, this is a complex question but the simple answer is yes. In any situation where the beneficial ownership of a property is different from the legal ownership, a trust will arise.
This is one of the ways in which the law may imply – or create – a beneficial interest in a property. In most cases, the interest will result from a common intention – in other words, an agreement (whether express or implied) – between the legal owner and the person claiming a beneficial interest. They can arise in numerous different ways.
Estoppel is another way in which the law may create or recognise a beneficial interest in a property. It typically arises as a result of a promise by the legal owner to another which that party acts on to its detriment. In that case, the law may hold the party to their original promise.
Fields marked with * indicate required fields
In order for us to direct your enquiry to the right person at TWM Solicitors, we need to know a little more about you and what are you looking for.
Thank you for contacting TWM Solicitors, your completed form has been sent successfully. If this is an enquiry we are able to assist with, one of our team will be in contact with you as soon as possible. Please note, this may not be until the next working day, and during business hours. If you require urgent assistance, please call: 0330 555 0440.
