Working from home we can still help with...neighbour disputes

We have seen a surge in new enquiries relating to neighbour disputes since the start of the pandemic. People are spending more time at home and picking up on matters which they may not have previously noticed, such as boundary issues or a nuisance caused by the acts of their neighbours. Disputes between neighbours can arise from a variety of different scenarios and are one of the most common types of dispute.

The key thing to bear in mind when dealing with a neighbour dispute is that the parties still have to live next to each other at the conclusion of the case. If the matter is not resolved amicably, this can make future relations between the parties very difficult. The amount of money spent on legal fees can often be disproportionate to the value of the claim or the issues in dispute. Every effort should be made to try to resolve the dispute, without court intervention, where possible.

Boundary disputes

Boundary disputes are the most common form of neighbour disputes. A boundary is essentially an imaginary line that separates two or more properties. It does not exist in any physical form yet is often the cause of many legal battles. 

The first step when dealing with a boundary dispute is to check the title deeds. The plan at the Land Registry is not conclusive. It will only provide a general guide as to where the boundary is, unless the boundary has been formally determined or a boundary agreement entered into.

The original conveyance which separated the land is the most important document. It has to be interpreted both legally and in light of the physical features on the ground at the time. We can assist with reviewing title documents and obtaining documents from the Land Registry where necessary.

Depending on the nature of the case and the information in the title documents, we often find it useful to engage the services of a boundary surveyor to prepare a boundary report. We have been able to continue instructing boundary surveyors throughout the pandemic.

Should the parties be unable to resolve their dispute there are two ways in which boundary disputes can be resolved by the courts, either an application to the Land Registry where the matter will be referred to the Land Registry Division of the First-Tier Tribunal (Property Chamber) or proceedings in the County Court.

One thing to remember with boundary disputes is the principles of adverse possession (squatters rights) and the risk of inadvertently losing land. In the case of registered land, adverse possession is permitted if a neighbour has been in possession of land adjoining a general boundary for at least 10 years and the squatter reasonably believed that they owned the land over that time. 

If you are concerned about adverse possession, we would be happy to advise you further. If you think you may have a claim for adverse possession, we can prepare the relevant application for you.

Private Nuisance

Another common dispute arising between neighbours is nuisance. Private nuisance is usually caused by a person doing something on their own land, which they are lawfully entitled to do, but which becomes a nuisance when the consequences of their act extend to the land of their neighbour. There are 3 different kinds of nuisance:

• Encroachment on a neighbour’s land
• Direct physical injury to a neighbour’s land
• Interference with a neighbour’s quiet enjoyment of their land

Damage is not always an essential requirement of the cause of action for nuisance. The damage or interference with the enjoyment of the neighbour’s land:

• Must be substantial or unreasonable
• Can arise from a single incident or a “state of affairs”
• It can be caused by inaction or omission as well as by some positive activity

The key factor is reasonableness between neighbours. Examples of nuisance can include damage caused by tree roots encroaching onto your land, noise and, flooding.

A private nuisance is actionable in tort, which means a claimant can issue civil proceedings against a defendant for either or both:

• Damages to compensate for their loss
• Injunctive relief to require the defendant to abate a continuing nuisance and to prevent its recurrence

Loss can generally be categorised as actual physical damage or unreasonable interference with the property rights causing a loss of enjoyment. Damages for actual physical damage will usually be awarded for the costs incurred for remediation and consequential loss. Damages for unreasonable interference are usually awarded on the basis of diminution of the value of those rights as a result of the nuisance.

If you are concerned about a possible nuisance or any other neighbour dispute, we can still assist you from home.