Neighbour disputes can be some of the most stressful and difficult situations our clients encounter. We have experience in dealing with a very wide range of disputes between neighbours (both in respect of residential and commercial property).
Some examples of issues that may arise include the following:
Boundary disputes
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.
Trespass and nuisance
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.
Access to neighbouring land
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.
Anti-social behaviour
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 proximity 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.