Neighbour dispute FAQs
Can a solicitor help with problem neighbours?
If you're facing issues with a troublesome neighbour, our property lawyers can assist. They'll advocate for your rights with your neighbour and in court if necessary and aid in enforcing court orders against the neighbour, providing essential support and legal representation to resolve the matter effectively.
What are the most common neighbour disputes?
Neighbour disputes can arise for various reasons, but some of the most common disputes include:
- Noise: This can include loud music, barking dogs, or noise from DIY projects.
- Property boundaries: This can include disagreements over the location or ownership of a boundary, or disputes related to shared access or driveways.
- Trees and hedges: This can include disputes related to overgrown trees or hedges, or disagreements over who is responsible for maintaining them.
- Anti-social behaviour: This can include disputes related to littering, graffiti, or other disruptive or threatening behaviour.
- Parking: This can include disputes over the use of parking spaces, blocked driveways, or parking on the street.
Can I sue my neighbour for emotional distress?
To pursue a claim against your neighbour for emotional distress, you typically must demonstrate their deliberate or careless actions resulted in significant emotional harm. It is very difficult to evidence this in court and often the best advice is to focus on the issue that is causing the dispute to ensure it is resolved as quickly as possible. Seeking guidance from a legal expert is recommended to assess the feasibility of your case within your area's legal framework.
What is classed as unreasonable noise from neighbours?
Unreasonable noise from neighbours encompasses various disturbances, such as excessively loud music, TV volume, shouting, door slamming, and inconsiderate use of appliances. These disruptions can infringe upon peace and comfort, constituting noise nuisance concerns warranting resolution.
What is classed as neighbour harassment?
Neighbour harassment entails a 'course of conduct,' involving multiple related occurrences causing alarm or distress, not necessarily violent. The behaviour must exhibit an element of oppression to qualify as harassment, highlighting the significance of consistent patterns of troubling conduct in neighbourly disputes.
How do you handle neighbour disputes?
Neighbour disputes can be handled through communication, mediation, legal advice or court action. Seeking legal advice promptly can ensure that your legal rights are protected and help you resolve the dispute efficiently and effectively.
What is a letter from a solicitor for a neighbour dispute?
Utilising a solicitor's letter in a neighbour dispute signals the seriousness of your complaint. It serves to clarify legal aspects of the disagreement, such as boundary disputes, where neighbours struggle to reach consensus. A solicitor's correspondence can provide legal guidance and emphasise the significance of resolution.
What counts as a neighbour dispute?
A neighbour dispute can be any conflict or disagreement between neighbours, which can include issues related to noise, property boundaries, access, trees, or anti-social behaviour. These disputes can result in stress, frustration, and damage to relationships between neighbours.
What to do if neighbours are intimidating you?
If neighbours are intimidating you, seek legal advice from a neighbour disputes solicitor or the police. Keep a record of incidents, avoid confrontation and try to communicate with them. If the situation escalates, take legal action to protect your legal rights and interests.
I've fallen out with my neighbour, what should I do?
Make every effort to resolve the dispute, without giving up the rights in your property deeds. Approach your neighbour to solve the problem amicably. Some local authorities run mediation services that you may be able to use. These disputes can be the lengthiest, most costly and bitter disputes that we see and it is worth making effort at an early stage to avoid a problem.
If the dispute doesn't end then put a polite request in writing. You should also maintain a detailed diary of all incidents. Please remember that this may need to be produced to court at some stage.
Where are my deeds?
These are crucial to any dispute. Your lender may have held them in the past. However lenders are now recording all information electronically, and sending deeds back to borrowers and their solicitors. If you've got the deeds then keep them in a safe place.
What is the Party Wall Act?
This sets out a procedure if you are doing the following:
- Work to an existing wall or floor shared with another property (a party structure)
- Building on the boundary with a neighbouring property
- Excavating works near to neighbouring properties.
Appropriate notices need to be served in order to protect your position. The Act then provides for both parties to appoint surveyors or a single agreed surveyor, who will act impartially. The surveyor will draw up an award, detailing the work to be done. The condition of buildings will be recorded, together with timetables for access and the work.
What is the 7 year boundary rule?
The 7-Year Boundary Rule is not as specific as people think. There can be an argument about a boundary position if no action has been taken for 7 years but the rules of adverse possession, when land can be claimed due to it being fenced off, require either 10 or 12 years before an application can be made. This is a complex area of law requiring specialist advice.
Can you sell a house with a boundary issue?
Indeed, you can sell a house despite a boundary dispute, but you must disclose this issue as part of your legal obligations. Your conveyancing solicitor will guide you through the process, ensuring the necessary disclosure of details about your property, including any ongoing boundary disputes, during the sale. A boundary dispute will put many buyers off.
Do title deeds show boundary ownership?
The Land Registry Title plan can be the initial reference point for boundary ownership verification. However, boundary lines depicted on the title plan are typically "general boundaries" unless formally established and registered with the Land Registry. Hence, they offer a broad indication rather than precise delineation, necessitating caution in relying solely on them. The actual deeds for your property will be the documents that may be able to show you exactly where the boundary is. You may have these and/ or the Land Registry may have copies.
What is classed as a dispute between neighbours?
A neighbour dispute occurs when there are disagreements between two or more neighbours, they often lead to distress and frustration. These conflicts are surprisingly common and can stem from various issues, highlighting the significance of effective communication and conflict resolution in maintaining peaceful neighbourhood relations.
Do I need a solicitor for a boundary dispute?
Given the intricate and perplexing nature that boundary disputes have, seeking guidance from a solicitor specialising in this field is beneficial. Their expertise in boundary disputes and adverse possession ensures comprehensive legal advice, assisting you effectively throughout the resolution process.
My neighbour is doing work that is causing damage - what can I do?
It may be worth calling the police, who can assist in some situations. You should also seek advice quickly as you may be entitled to obtain a court order stopping the work (an injunction).
My neighbour is being abusive and threatening me – what should I do?
The police may intervene if the threats and abuse are serious, or amount to harassment. It is worth giving them a call.
Is playing loud music past 11pm illegal in the UK?
The Noise Act 1996 sets night hours from 11pm to 7am. Local councils can issue warnings for noise exceeding permitted levels during this period, regardless of whether it constitutes a 'statutory nuisance,' emphasising the law's broad applicability regarding nighttime disturbances. The Council ought to install noise recording equipment so they can evidence how loud the noise actually is.
Get in touch with our neighbour disputes lawyers
No matter the type of dispute you are experiencing with your neighbour, our neighbour dispute solicitors and lawyers are here to guide and support you throughout any legal proceedings you may wish to take. As mentioned previously, it is advisable to try and resolve neighbour disputes amicably, but if this has been attempted and unsuccessful, we will be happy to help resolve the issues for you.
To discuss your neighbour dispute case and have an initial chat about your situation, feel free to call us on 01616 966 229. Alternatively, if you would prefer to fill out our online enquiry form, a member of our team will then contact you directly as soon as possible.