Property and Neighbour Dispute Solicitors

Types of Property Dispute

There are many types of neighbour disputes….

Boundary Disputes

Boundary disputes are some of the most common types of neighbour disputes.

This often happens when a neighbour;

• Builds an extension
• Installs a shed or outbuilding
• Puts up a fence wall or hedge

Establishing the correct position of a boundary can be complex. While there is lots of land registry guidance and well-established legal principles, the law can be difficult to apply in practice.

In these cases, the aim is to agree on the property boundaries. With the boundaries, we can evaluate whether there is a case against you or your neighbour.

Nuisance Or Anti-Social Behaviour

There are several types of nuisances or anti-social behaviour, including;

• Being drunk and disorderly
• Drug taking and/or dealing
• Intimidation
• Physical or verbal abuse
• Loud music or noise
• Blocking access to your drive or gateways
• Aggression or acts of harassment
• Causing damage to your property
• Intrusive use of CCTV
• Car and burglar alarms going off constantly

If you’re living with nuisance neighbours, it can feel like there is no escape. Seeking legal advice will help you;

1. Understand what options you have available to you and
2. How you can bring the situation to an end

General Noise

Noise is also a common problem among neighbours.

Loud music, car and house alarms going off, slamming doors, parties and barking dogs can all make living at home less enjoyable.

If you live next to noisy neighbours, we can help.

Property Maintenance Disputes

If your neighbour is;

1. causing damage to your property, or
2. Is interfering with your enjoyment of it

By failing to maintain their own you might be able to claim for damages.

An example could be your neighbour’s failure to maintain their drains causing flooding on your property.

If your neighbour’s failure to maintain their property is affecting yours, we could help.

Right to Light

The Right to Light law gives a homeowner the right to receive light through their windows.

Issues can arise when submitting a planning application to develop a property. If you believe a neighbour’s property development could affect your right to light, we can help you submit an objection. If the work has already been completed, we could help you claim compensation.

Also, if you are considering an extension, you must make sure it doesn’t block neighbour’s light.

Tree and Hedge Disputes

Overgrown trees and hedges are often the cause of neighbour disputes.

There is no ‘right to a view’ under UK law that preserves the view from your home that existed when you bought it.

That said, if tall trees and hedges block light to your windows, you might have a case for a Right to Light dispute.

Right of Way

Rights of way are often at the centre of disputes between neighbours.

Disputes include;

• Excessive use
• Failure to repair or maintain
• Blocking or changing access

If you’re in a dispute with your neighbour over a right of way, our expert solicitors can help.

Breach Of Covenant

A covenant is a written agreement contained within a deed and could relate to a variety of things, including;

• Access rights
• Building rights, or
• Preventing the running of a business from a property

Covenants are often the cause of disputes between land and property owners.

If one party breaches the covenant, it could have a detrimental effect on other parties who agreed to it.

The consequences of a breach of covenant could include the removal or undoing of any work carried out.

If your neighbour has breached a covenant, it’s important to seek legal advice.

Adverse Possession

Also known as ‘Squatters Rights’. An adverse possession claim allows someone who occupies a property but isn’t the legal owner to become registered as such.

The rules around adverse possession are complex. If you want to make a claim or resist a claim for adverse possession, you’ll need legal advice.

Shared Amenities

Shared amenities cause contention between neighbours. If you share amenities with neighbours, you might experience disputes like;

• Repair and maintenance of a share driveway
• Upkeep of drainage systems
• Maintenance and repair of share roofs
• Repairs and maintenance to communal areas

Party Wall Disputes

If your neighbour is planning to make changes to a party wall (a wall you share with them), they must inform you.

For example;

• Removing a chimney breast
• Making the wall taller or deeper
• Contracting a building on the boundary
• Converting a loft
• Installing steel joists

This type of work could affect you and your property, so they’re obliged by law to tell you.

If not, you could seek legal advice to stop the work from happening or claim for damages.

Why Choose Rothera Bray Neighbour Dispute Solicitors?

At Rothera Bray, we have experience acting in a wide range of property disputes.

First, we will discuss the matter with you to establish how realistic your claim is.

If you have a claim, we’ll assign a solicitor from our Dispute Resolution team who specialises in property law. They will advise you on the best strategy to resolve your dispute.

Where possible, we use Alternative Dispute Resolution. However, if your case does go to court, we’ll be there to guide you through the whole process.

We will negotiate with relevant parties and keep you updated on any progress at all stages.