Disputes with neighbours can take many forms, from outright arguments to deliberately making life difficult for others. However, if matters can’t be resolved amicably, the law provides numerous remedies for resolving disputes.
As it is the most common reason given for falling out with neighbours, it is likely we will all be plagued by a noisy neighbour at some point in our lives. Polite requests to reduce the level of noise nuisance, or frequency of disturbances, may fall on deaf ears in many cases but your local authority has extensive powers to deal with noise nuisances without needing to involve Police. Alternatively, you may have grounds to bring a civil claim for an injunction limiting the level or frequency of disturbances and/or damages.
A second common issue causing hostility between many neighbours is that of trees and hedgerows. Roots from trees and hedges can not only cause inconvenience but can also cause significant and costly damage to building foundations, drives, patio areas and fences. If roots have already caused damage, the tree owner can be held liable to pay compensation if it can be shown the owner knew, or should have known, there was a risk of such damage occurring.
If trees or hedges are overhanging or roots extruding from a neighbour’s property, these can be pruned back as long as care is taken to limit any damage to the tree or hedge. If this requires access to the neighbours’ property advanced notice must be given to the neighbour. If any attempt is going to be made to reduce the height of a neighbour’s hedge, legal advice should be sought as to whether this is legal and what the potential consequences could be if it is not.
For those residents wishing to preserve a tree or hedge from being damaged or pruned by a neighbour, it is advised they contact their local authority with regard to potentially placing a tree preservation order on it. This would prohibit anyone from damaging the tree in any way without prior permission. Anyone who chooses to ignore a preservation order is likely to receive a fine from the local authority or an order to pay compensation to the owner of the tree.
Should a neighbour decide to carry out works on their property affecting a party wall, they are required to notify the owner of the other building of their intention. There is a similar requirement to notify your neighbour of any proposed new building at or astride the boundary line and, in some circumstances, of proposed excavation within close proximity of a neighbouring building or structure.
Party wall neighbours can object to works affecting a party wall and/or can claim compensation or reasonable costs for damage to, or protection of, their property. It is recommended that those planning works seek advice from a chartered surveyor who will be able to advise on what work should be done and how best this should be undertaken. For a full explanation of your legal obligations you should consult a solicitor.
Another common area of disagreement between neighbours can be as to the position of a boundary between adjacent properties. Often such disputes will arise when one party erects or replaces a fence or other boundary marker along what they consider to be the boundary line of their land. If a dispute arises as to the true position of the boundary, it is advisable to seek legal advice promptly so as not to inadvertently compromise your rights.
Click here for information on Holmes & Hills' litigation services relating to residential property disputes.
In almost all cases it will be preferable to approach your neighbour directly with a view to resolving any dispute amicably. However, seeking legal advice from a local solicitor at an early stage will allow you to negotiate with your neighbour with a full awareness of each party’s rights and obligations. This can prevent a minor dispute from escalating and can still mean the issue is resolved quickly, amicably and cost-effectively.
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