Types of Neighbour Dispute

 

 

If a dispute arises between neighbours about the boundary between their properties, it will be necessary to establish who owns the disputed land. The primary evidence will be contained in the legal documents. Clear evidence of this kind is normally conclusive.

 

However, the boundaries between properties can differ from those described in the title documents or lease in certain circumstances. The most common are where they have been changed by agreement or by encroachment (occupation without permission). 

 

If you think that the boundaries are not defined in the title document or lease, or that the boundaries have been changed by agreement or encroachment, you will probably need to get legal advice from a solicitor. CompareTheSolicitor.com are experts in finding reasonable and professional solicitors. We will place you in the hands of the best firm of neighbour disputes solicitors to suit your needs.

 

However, you may also wish to try mediation first as a way of resolving your dispute with your neighbour, this can be done by speaking to the other party to see if they will sit down and discuss or alternatively CompareTheSolicitor.com can find you a neighbour disputes mediator that can help.

 

If you want to carry out repairs to property or land you may need to have access to your neighbouring property or land in order to carry out these repairs.

 

There may be a right of entry specifically for the purposes of inspection or repair in the property’s legal documents. If there is no such right, or no agreement can be reached, the law allows you as the person wishing to carry out repairs to apply to the county court for an access order allowing you to enter your neighbour’s land to carry out the repairs. There is a fee for the application.

 

If you wish to apply for an access order you should consult an experienced adviser, either at the Citizens Advice Bureau or alternatively contact us at CompareTheSolicitor.com were we will point you to a reasonable firm of neighbour disputes solicitors that can undertake the work for you.

 

There may be amenities shared between two or more properties, for example, drains and pipes, shared drives or the roof of a block of flats. Responsibility for maintaining them and rights to use them, for example, putting up an aerial on a shared chimney, are usually outlined in the property’s legal documents.

 

The legal documents may give you as a property owner rights over your neighbour’s property. Sometimes they are not included in the legal documents but have arisen out of long, continuous and unchallenged use (usually 20 years). A right to use, for example, a pipe through a neighbour’s property implies a right to go on that neighbour’s property to undertake repairs, although any damage incurred to that property must be made good. If access is refused, an application can be made to a county court for an access order which can be undertake by yourself or alternatively a neighbour disputes solicitors.

 

Where there is a shared amenity which is in need of repair the first step is to find out who is responsible for repairs. However, the legal documents may not always provide clear evidence and, in this case, it is probably best to settle in advance that the costs will be shared between owners.

 

The next stage will probably be to get a surveyor or architect to inspect and report on the part of the property requiring repairs. Estimates will have to be sought and finally a contract made with builders. It is essential that at each stage when a cost is incurred the household initiating the repairs has the consent of the other parties responsible.

 

If some or all of the property involved is rented, the landlord may be liable for repairs.

 

There are special rules covering structural work to walls which stand across the boundary of land belonging to different owners, or which are used by two or more owners to separate buildings. The owner must notify neighbours about any work they intend to carry out. These rules allow for the agreement or objection to any work within certain time limits, and compensation and temporary protection for buildings and property. If there is no agreement an independent surveyor can be appointed to decide what work can be done, and how and when. 

 

Planning permission is not generally needed before erecting a fence or wall, provided it is no more than one metre in height if next to a highway, or two metres elsewhere. If you wish to exceed these limits, you will need to get planning permission from the local authority. There are no planning restrictions on the height of hedges.

 

Noisy children in themselves are not a ‘nuisance’. If someone is disturbed by a neighbour’s children, for example, a shift worker who wants to sleep during the day, the only real solution is a conciliatory approach to the neighbour.

 

If a neighbour’s child causes damage to a property, a conciliatory approach to settle the matter is probably the best solution. Legally, the child can be sued for damages if they are old enough to know what they were doing. In practice, this is unrealistic since few courts would look favourably on such an action, and a child is unlikely to have much money to pay any damages. However, the parents of the child may be liable for negligence and damages if they have trusted the child with something dangerous that was beyond their capability to use responsibly, for example, an air gun. The parents may also be liable if they have failed to exercise the control that would be expected of a parent given the child’s age.

 

If a child throws a ball into a neighbour’s property, the neighbour should either hand it back or allow it to be collected. However, as it is a trespass for the ball to cross the neighbour’s boundary, even if it was unintentional, the neighbour would be entitled to financial compensation if any damage has been caused.

 

As a first step, you should talk to your neighbour making the noise and ask them to reduce the noise. If the noise is not reduced and your neighbour is a tenant, it may be worth contacting your neighbour’s landlord. If the problem persists it is useful to keep a record/diary of the disturbances which can be used as evidence in any future action.

 

Local authorities have extensive powers to deal with noise nuisances. You can ask the Environmental Health Officer (EHO) to investigate the noise. They are able to measure the level of noise and to give an expert opinion on how it rates as a noise nuisance. Local authorities have powers to seize noise-making equipment.

 

If the EHO considers there is a noise nuisance and has been unable to resolve the matter by discussion, the authority can then serve a notice on the person causing the noise, or on the owner or occupier of the property. If the person causing the noise does not comply with the notice, the local authority can prosecute them. The local authority can also apply for an injunction.

 

Unless there are local parking restrictions giving a right to a particular space, residents do not have automatic rights to a parking space on a public road. However, they do have a right of access to their drive. If there is a shared drive, then each person has a right of access and neither should block the drive. The local authority and the police have wide powers to remove vehicles that are illegally parked, causing an obstruction on the highway or which are abandoned.

 

If a neighbour’s tree hangs over an adjoining property, the tree owner should be asked to trim back the tree. If this is not done, the complainant has the right to trim the tree back to the boundary line although any branches and/or fruit removed belong to the tree’s owner and should be offered back to the owner or disposed of with the owner's consent.

 

An overhanging tree may also be a danger. For example, most parts of a yew tree are poisonous. If any damage or injury is caused, the tree owner will be liable to pay compensation if a person affected brings a claim for damages.

 

In England and Wales, local authorities have powers to deal with trees on private property which are on the point of causing damage. A local authority can:-

 

make the tree safe, if it is on the point of causing damage and are asked to do so by the owner of the land on which the tree stands. The local authority will recover the costs of doing this from the owner

make a tree safe on someone else’s land, if asked to do so by a neighbour whose property is in imminent danger from the tree and the owner of the land on which the tree stands is not known

serve a notice on someone who has a tree which is on the point of causing damage to the property of a neighbour and that neighbour asks the local authority to take action. The owner of the tree must comply with the notice. If they do not, the local authority will do the necessary work and recover the costs from the owner. The owner can appeal to the county court against the notice.

If you want the local authority to take action, you will need to find out which department deals with dangerous trees as this varies from one local authority to another. You can then ask this department to check the condition of the tree.

 

It is up to the local authority to decide if the tree is on the point of causing damage. If they consider it's not on the point of causing damage, they don't have to take any action.

 

If the roots of a neighbour’s tree spread into a property, they can be removed using the least damaging method available, unless there is a tree preservation order on it. If a neighbour has to enter the tree owner’s property to do this, they must give reasonable notice.

 

The neighbour may also wish to consult their insurers, if there is a possibility that their property may be damaged by the roots. If the roots have already caused damage, the tree owner is liable to pay compensation but it must be shown that the tree owner knew, or ought to have known, of the danger.

 

If you wish to prevent a tree being lopped by your neighbour, you could contact the local authority to see if they will place a tree preservation order on it. All trees in an area designated as a Conservation Area are automatically protected.

 

If a neighbour’s hedge is tall and blocks out light, the person affected by the nuisance can prune the roots or branches. However, no one should attempt to reduce the height of a hedge without obtaining advice from a solicitor. Find the right neighbour disputes solicitor for you by contacting CompareTheSolicitor.com

 

In England and Wales you have the right to complain to the local authority if your residential property is affected by a neighbour’s evergreen or semi-evergreen hedge which is more than two metres high. This may result in your neighbour having to reduce the height of their hedge. You must try to resolve the complaint with your neighbour before going to the local authority, and you may be charged a substantial fee before the local authority will consider the complaint. Either you or your neighbour can appeal against the local authority's decision.

 

If you feel that the matter has gone too far or feel that you need a professional neighbour disputes solicitor to act on your behalf, then contact CTS on the below form telling us about your case and we shall find the most appropriate solicitor for you.