Property disputes are not uncommon. Neighbours often fall out over various issues and if disagreements are not dealt with promptly, they can escalate.
Involving an experienced property disputes solicitor early on can prevent the situation from deteriorating. Individuals are often motivated to resolve matters once legal professionals are instructed and by dealing with matters promptly, there is a better chance of having a reasonable relationship with your neighbour in the future.
We take a look at some of the most common property disputes and what steps you can take to tackle them.
1. Boundary disputes
Boundary disputes often arise and can be bitterly contested. A neighbour may move a boundary structure such as a wall or fence or you could find yourself disagreeing with them over the exact route of a boundary.
A solicitor will be able to advise you of ways of tackling the issue, including representing you in negotiations to try and find a solution. It is usually the case that the title deeds and plan will not give enough detail to determine exactly where the boundary is. If the dispute is ongoing, you may need to ask a specialist boundary surveyor to draw up a plan of the area. A property disputes solicitor will be able to look at the title deeds to see if there is any relevant information. Evidence can also be taken from looking at the site and finding out where the boundary has been over previous years.
Court should only be considered as a last resort. Other options include mediation, which may help you to find an acceptable solution without the need for litigation.
2. Trespass
A similar dispute to a boundary disagreement, trespass disputes often arise over small areas of land at the edge of properties, for example, if someone is using more land than their neighbour feels they should to park their car.
Again, it is always recommended that you try and resolve this amicably wherever possible. A solicitor will be able to advise you on the legal issues, including adverse occupation and what rights you or your neighbour may have.
3. Noisy neighbours
Living next to noisy or anti-social neighbours can make life exceptionally difficult and be very stressful.
The first step is to try and raise the issue calmly and politely with your neighbours to see if they are prepared to stop.
If the problems persist, you can ask your local authority to intervene. They have the power to take action where necessary.
4. Right of way disputes
Disagreements can arise over the route of a right of way or the blocking of a right of way. If access to your property is blocked and your neighbour refuses to remove the obstacle, you are advised to speak to a property disputes solicitor.
They will be able to write an initial letter to your neighbour advising them that they must clear the blockage. It is often the case that a letter from a solicitor will prompt difficult neighbours into remedying matters to avoid the risk of a legal case against them.
5. Overhanging branches
It is always advisable to speak to neighbours first if you have a problem with trees or hedges encroaching over your land. If they will not take action, you are within your rights to cut off branches yourself, provided that the tree is not subject to a tree preservation order and you are not in a Conservation Area. Technically speaking, the branches belong to your neighbour, so you can ask them what they would like done with them. Throwing them over to their side of the boundary risks inflaming the situation, so is best avoided.
Contact us
If you would like to speak to one of our expert property lawyers about a property dispute, ring us on 0333 3055 189 or email us at info@leadingpropertylawyers.co.uk
