Neighbour Disputes
Disputes with neighbours are a common occurrence and various steps can be taken to avoid legal action being taken. Neighbour disputes can involve the following: adverse possession claims; anti-social behaviour; boundaries; breach of covenant; building and construction disputes; fence; weeds; noise intrusion; nuisance; party walls; pre-development advice; property maintenance; right of way; smells and odours (i.e. chemicals or drains); trees; and high hedges. This note only considers the most common neighbour disputes.
Noise Disputes
Noise disputes involve loud music or excessive barking from a dog. Some noises are unavoidable. However, they can become unbearable and an ongoing problem e.g., slamming doors, playing musical instruments, and construction works.
Boundary Disputes
Disputes about the boundary between properties can be addressed by finding out who owns the disputed land. To do this, you should contact HM Land Registry and obtain the property’s title deeds. This will show who owns the land and where the boundary for the property is.
If the boundary lines are not evident, you may need to seek advice from an expert surveyor. Upon resolution, you can then record the boundaries more accurately in two ways:
- Boundary agreement
A Boundary agreement records the boundary between two properties and who’s responsible for maintaining the land. - Determined boundary
You can only apply for a determined boundary to the HM Land Registry if your property has been registered. You will need to send:
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- a plan made by the expert surveyor indicating the determined boundary;
- evidence supporting your application, and
- a completed exact line of boundary (DB) form.
Maintenance of Shared Facilities
You might have some shared amenities with your neighbours e.g., drains, pipes, gardens, or a communal rooftop. Disputes often arise over who is responsible for cleaning or maintaining these amenities. The lease or title deeds normally say who is responsible, however, this can sometimes be omitted. The cost of any repairs can be shared by the parties making use of them. Note that if there is a shared driveway, each person has a right of access and others cannot block access to it.
Trees and Garden
These disputes may involve overhanging trees i.e., trees growing into the neighbouring property. The owner should be asked to trim back the tree. Note that if you live in a conservation area or the tree is protected by a preservation order, permission must be sought from the local council to cut or trim the tree. You must avoid trimming the branch of a neighbour’s tree without their consent. Additionally, hedges should not be more than two metres tall or affect your enjoyment of your neighbour’s home or garden (i.e., obstruct light).
Party Wall
A party wall is a shared wall adjoining another property. If you or your neighbour intends to carry out works that might affect a party wall, then a party wall notice must be served on everyone affected. You should both appoint surveyors or a single impartial surveyor. The surveyor will record details of the work to be done, the condition of both buildings, and timetables for access. If you have a good relationship with your neighbour may minimise costs by negotiating a party wall agreement instead.
Abuse, Violence or Anti-Social Behaviour
Anti-social behaviour includes harassment, verbal abuse, intimidation, bullying, animal nuisance (e.g., dog fouling), vandalism, nuisance, graffiti, and being drunk or disorderly. If you experience any of these issues you should find out who is responsible and try and mediate. You must call the police if your neighbour shows violent or abusive behaviour/aggression, as well as discrimination based on any of the protected characteristics (disability, age, religion or belief, sex, sexual orientation, pregnancy and maternity, and gender reassignment). Problems that do not constitute anti-social behaviour are those which involve normal day-to-day living e.g., the smell of your neighbour’s cooking or the crying of a baby.
How to resolve neighbour disputes
It is important to keep records of a problem when it happens as this will be useful if you decide to take things further. Document as much detail as possible, including what happened, the time and how you were affected e.g., take a photo of rubbish that’s been dumped in your garden. If your neighbour responds, also keep records of their response as evidence. You may take the following steps to resolve your dispute.
Approach your neighbour
You can approach your neighbour ONLY if you feel comfortable and safe to do so.
Inform them of how their actions affect you and how they can resolve them. Listen to your neighbour side and see if you can both reach a compromise. You can also write to your neighbour, describing the problem and what action you want them to take.
Contact your neighbour’s landlord
If your neighbour is a tenant, you can contact their landlord. This could be the council, a housing association or a private landlord.
- If your neighbour’s landlord is a council or housing association, they could:
- contact your neighbour to help resolve the problem
- take steps to end the tenancy, or
- apply to the court for an antisocial behaviour order.
If your neighbour’s landlord is a private individual, they could:
- talk to the tenant about the problem;
- take court action against a tenant who is causing the problem, or
- take steps to end the tenancy.
Mediation
Mediation is a method of alternative dispute resolution which involves an impartial third party (mediator) conferring with both sides of a dispute and advising on a resolution. You need to pay to hire a mediator, however, this will cost less than taking legal action.
Council Investigation
If mediation does not resolve the dispute, you can inform the council if your neighbour is creating a ‘statutory nuisance’. This includes issues that can harm people’s health or quality of life. The council will then investigate the dispute. If your dispute is not a statutory nuisance, or if the council fail to resolve it to your satisfaction, you can take legal action against your neighbour.
Housing Ombudsman
You may contact the Housing Ombudsman if you are unhappy with how a housing association or council handled your dispute. You can complain using their complaints process which can be found on their website. The Housing Ombudsman will not accept your case until 8 weeks after your housing association or council gave you their final response.
Police
You must call the police your dispute involves a criminal offence e.g., violence or harassment, or excessive noise.
Court Claim
This should be the last resort after you have contacted your neighbour and your local council as it can be expensive unless you are eligible for legal aid. If you plan to take legal action against your neighbour, you should seek legal advice to decide if it would be worth it, and what you should do to prepare if so. A letter from a solicitor threatening legal action is often sufficient to get your neighbour to resolve the problem, without having to go to court.
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