Neighbour Dispute Solicitors

What is a neighbour dispute?

There are numerous types of neighbour disputes. We have covered the most common below:

Trees and high hedge disputes

The height of trees and hedges can be an issue if the height blocks light into your property and your neighbour refuses to reduce the height. Local councils can help with high hedges, and they should always be contacted in the first instance to avoid potentially significant legal costs. 

Tree roots and overhanging branches are also common disputes, and we can help resolve them if they are causing you a nuisance. 

Fence disputes

The renewal and replacement of fences can often cause issues between neighbours, for example, if one erects a new fence and is not along the same line as before. Even a few-inch re-location can be a trespass and spark a boundary dispute. Discussing and agreeing on works with your neighbour to avoid issues is always best. 

We are also often asked to advise on who has to maintain a particular fence. It is a common misconception that a homeowner automatically has to look after the fence on their right-hand side, but it could well be that the deeds say something different or that there has been a different convention in reality.

Right to light disputes

Issues around reduced light in a property can be concerning if your neighbour wants to alter or extend their property. We can help you instruct a specialist 'right of light' surveyor who will calculate the potential loss of lumens into your property and guide you on whether such loss gives rise to a possible claim against your neighbour and whether you can stop the proposed development. 

A surveyor will determine whether the loss of light will make rooms in your home unreasonably dark and unusable. 

Rights of way disputes

Someone may have walked across neighbouring land for many years without issues, but when the property changes hands, the new owner is unhappy with the continued use. 

We frequently advise on whether rights of way exist and, if they are not documented, whether a right through long use for over 20 years is applicable. 

We are also very experienced in advising on whether an existing right of way can be used if your neighbour wants to develop their land, increase the road traffic, or change the extent of the access. 

Access to neighbouring land

The Access to Neighbouring Land Act was enacted in 1992 to reduce the number of disputes relating to neighbours wanting to temporarily enter the property next door and carry out maintenance or repairs to their own property. 

The 1992 Act gives homeowners various rights, but we can help if your neighbour is being unreasonable or difficult and refusing access. 

We can guide you through what the 1992 Act allows you to do and when and where you may need help from the court. 

Nuisance noise complaints

Living near others can result in issues regarding noise. What some people can tolerate is intolerable to others, and we can help resolve issues with noise, whether that is loud music, pets, children, or soundproofing. 

Private nuisance

This is usually caused by a person doing something on their own land, which they are lawfully entitled to do but which wrongfully interferes with the ordinary use and enjoyment of neighbouring land by, for example, causing physical damage. Damage is not always an essential requirement of the cause of action for nuisance. The concept of damage in the context of nuisance is highly elastic.

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.

Parking disputes

Parking disputes are common when two neighbours share the same area or when one has to drive over the other's land to park. When new houses are built, express provisions are usually made to clarify the rights and obligations, but sometimes, people act outside of the terms or fail to agree to pay maintenance and repair charges. We can help with all of these issues. 

We can also help if you have been parking on land you do not own for over 20 years and want to register a right to do so now. 

Animal behaviour 

Although a neighbour can keep pets and animals at their home (unless they are renting, and there may be a prohibition on this in their lease), no one is permitted to do anything within their own property that causes another a nuisance. 

We routinely advise on issues arising from pets, including barking dogs and noisy cockerels, and can explain your legal rights and options. 

Boundary disputes 

The most common issue between neighbours is boundary disputes. These tend to arise when one neighbour believes that a longstanding boundary feature, such as a wall or fence, is in the wrong position, or one of the properties has a new owner, and they replace the old boundary feature, sparking a dispute. 

It is a misconception that HM Land Registry plans are definitive at showing the position of a legal boundary line; they are usually only for indication purposes. 

We frequently see trespass arguments once a boundary dispute starts, and often, adverse possession (squatters' rights) claims are also relevant. 

Breach of covenant

There are two main areas where we commonly encounter covenant issues. The first is with shared flats, where each tenant is likely to have promised to do or not do certain things (e.g., not to hang washing outside the windows or promise to maintain specific areas). Disputes are common when tenants do not adhere to their promises, causing damage or distress to a fellow neighbour. 

The other huge area of contention relates to covenants related to use and development. Sometimes, a covenant is imposed when land is sold that limits its use (to residential use only), and many years later, a new owner wants to build on the land and operate a commercial use. We have years of experience advising what rights and options there are with the benefit or burden of such a covenant and what action they can take. 

Japanese knotweed

Feared by land owners, this highly invasive plant spreads rapidly and gets out of control very quickly if left untreated. 

Some types of bamboo can be equally problematic, but we are experienced in helping landowners affected by invasive plants if they want to sell their property, guiding you through what you need to disclose. We can also assist if you think your land is being invaded by knotweed and it is coming from next door. 

Trespass claims

Claims of trespass often arise where there is a boundary dispute, but they can also be stand-alone claims where a neighbour is using your land, parking or storing items on it, or has built over your land. 

You must prove beyond doubt that there is an encroachment and that you own the affected land, so a first step is always to seek legal advice and help from a surveyor before you raise anything with your neighbour. 

Resolving neighbour disputes 

Understanding your legal position with nuisance neighbours is an essential first step. You should always know the strength of your position before you raise any issue with your neighbour to ensure that you don't have to backtrack further down the line. 

Where possible, even if legal advice has been taken, we encourage our clients to attempt to discuss matters with their neighbours to see if a sensible solution can be agreed upon. 

If that isn't possible, we have decades of combined experience resolving disputes, including court proceedings as a last resort. 

We will always encourage our clients to explore all avenues for alternative dispute resolution, including mediation, which, in our experience, has a very high success rate. 

Claiming compensation

In legal terms, compensation is known as damages. Depending on the type of dispute, your neighbour may have to pay damages, but in some instances, only a small amount may be payable. We call this nominal damages. 

Early advice should always be taken about whether damages are relevant to your case.