Love Thy Neighbour?
One of the most common reasons people seek legal advice is over a dispute with their neighbours. This can be anything from disputes over the location of the boundary between the properties, noise nuisance by a neighbour or a neighbour carrying out work on or near a shared boundary wall. Our Head of Civil Litigation and experienced solicitor Peter Kidd sets out a magnificent seven reasons why you should seek our legal advice when faced with a neighbour dispute.
Tip One: Deeds are everything
The title documents to a property, or title deeds as they are sometimes known, will set out what rights your property has over your neighbours and your neighbours might have over your property. They will also set out if either property is subject to a mortgage, as a mortgage lender might need to consent to any action you or your neighbour might take as a condition of them mortgaging the property. To understand the deeds, you need to seek the advice of a legal professional with an eye for detail. We have that. We can help you use your deeds as a helpful tool to resolve your neighbour dispute.
Tip Two: Survey the Scene
In a boundary dispute or Party Wall dispute it’s crucial to work with a solicitor who can instruct a good quality chartered surveyor to asses where the boundary is and whether the work falls under the Party Wall Act procedure. As experienced boundary dispute and Party Wall Solicitors we work with a number of local surveyors to represent your interests in any dispute with your neighbour.
Tip Three: Taking that wall down won’t be a party
If work is to be carried out on a boundary wall or structure or excavation work undertaken near your property or your neighbours’, the chances are such work will fall under the procedure set out under the Party Wall Act 1996. This involves strict timescales in serving notices and responses to these and failure to comply with the procedure can leave the door wide open for a claim for compensation or an injunction by the party who suffers damage to their property. Party Wall Act legislation is a niche area of law that requires specialist legal advice. We have a wide experience of Party Wall Act matters and so can guide you through the process with assurance.
Tip Four: Access all Areas?
If your property needs urgent repair work carrying out which can only be done from your neighbour’s land and the neighbour does not consent to the work, you will need to apply to Court for an Order to enter the neighbour’s land and carry out the work. The procedure is set out under the Access to Neighbouring Land Act 1992. We have a wide experience of acting in such applications. You can count on us to provide the necessary expertise and robust representation in Court to achieve the result you need.
Tip Five: Who’s Land is it anyway?
A key component of neighbour disputes can involve one or both parties occupying a piece of land as their own that does not in fact belong to them. If you have occupied a piece of land as your own for ten years or more that you do not own, you may be able to apply to the Land Registry to claim ownership of the land. We can guide you through this process by helping you prepare the necessary evidence you need and then make the application to the Land Registry on your behalf. We have a strong track record of making successful applications to the Land Registry for ownership of land in these kinds of cases.
Tip Six: Mediate early
Neighbour disputes can often become a “money pit” for legal costs as the parties’ legal representatives send correspondence back and forth increasing legal costs but making little tangible progress. A more sensible and cheaper solution is for your solicitor to arrange a mediation with your neighbour, their solicitor, you and your solicitor and a professional mediator to see if a settlement can be reached out of Court to resolve differences. We often recommend this approach to our clients and will work with you and any mediator appointed to obtain a result that protects your interests.
Tip Seven: Look to the future
Any neighbour dispute, if left unresolved, will mean the value of your property is going to decrease or it even may not be possible to sell it. That’s why it’s important to seek legal advice early on to give you the best chance of preserving your property’s value and selling it on in the future by solving your dispute quickly.
At the Anderson Partnership we understand the importance of receiving sympathetic, clear and supportive advice when in a neighbour dispute. If you find yourself in a neighbour dispute call Peter Kidd today on 01246 200737 or e-mail him at peter@andersonslaw.co.uk to put you on the right track.








