Domestic bliss is one of our main goals in life, but unfortunately we can’t choose who we live next door to, and disputes with neighbours are very common, everyday occurrences. Mostly these can be settled with a cordial conversation and a mutual understanding, because it is in everyone’s best interests to settle a dispute amicably and quickly. But in some cases these neighbourly disputes can escalate very rapidly and into a very serious situation.
Neighbourly disputes usually fall into three different categories:
- Nuisance – A problem that becomes repetitive, persistent or constant, or occurs late at night or between the hours of 11.00pm and 7.00am, and starts to impact on your quality of life.
- Boundary – A dispute over possession, control or rights to property and how your properties are divided.
- Legal – A dispute over a criminal act that you suspect has occurred or you have evidence of.
Examples of common neighbour disputes
These three categories of dispute can be seen in the 16 examples below, and we have indicated in each case what category of dispute each falls into:
- Playing loud music late at night (nuisance)
- Light pollution from leaving outside lights on overnight (nuisance)
- Foul odours spreading to your property (nuisance)
- Shouting and arguments coming from next door (nuisance)
- Dogs barking late at night (nuisance)
- Parties and lots of people outside late at night (nuisance)
- Rubbish building up outside (nuisance)
- Who should repair a broken fence? (boundary)
- Who cuts a hedge? (boundary)
- A tree is overhanging and blocking light from next door (boundary)
- A wall has fallen down (boundary)
- A parked car is blocking a driveway or is on a driveway (boundary)
- Buildings constructed that are blocking light, such as extensions, garages etc (boundary/legal)
- Threatening behaviour or harassment aimed at you (legal)
- Suspected or evidenced illegal activity, such as dealing drugs (legal)
- Suspected or evidenced domestic abuse (legal)
How to resolve neighbour disputes
Most neighbour disputes can be resolved through a two-step process of talking and listening. You would always be on a better legal footing if you first attempted to resolve an issue amicably. But if this is not successful you would need to take a third step of seeking help from a third party. However, there are slight nuances between each type of dispute which dictate how you should attempt to resolve them. Here we will look at each category of dispute and offer practical advice as to how to approach each one:
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Resolving nuisance disputes
You should not take legal action straight away when dealing with a nuisance dispute. This could be deemed heavy-handed if there has only been one or two occurrences. In the first instance you should have a friendly conversation with your neighbour over your grievance. In most cases this instantly resolves the issue, because people are generally reasonable, but also because people may be innocently unaware of the impact of the problem on you, particularly disputes relating to noise. You should approach a nuisance dispute with the attitude of giving your neighbour the benefit of the doubt, because you don’t want to unnecessarily cause bad blood and impact on the long term situation of living next door to them.
If there is no change in the problem, i.e. it continues, or becomes more persistent, you may need to take this further. Start to keep a log of evidence for when the issue occurs. Some issues can be taken to the local authority, such as persistent noise which is classed as a “statutory nuisance”. If this is reported to your local council then they have to investigate. A build-up of rubbish is similar, but the issue has to be causing you a significant inconvenience. If the neighbour’s property is rented, then you could also speak to their landlord. If the problem continues you can start to seek legal advice.
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Resolving a boundary dispute
Again, you should have a quiet and non-confrontational conversation with your neighbour in the first instance. Often this just requires a mutual understanding, and in some cases you may agree to share the workload of repairs or cutting trees and hedges. However, you may also need to do some legal research to find proof of boundaries and therefore who is legally responsible for a fence, wall or tree.
Look in land registry titles and your own property deeds for this evidence and make sure you share the information found with your neighbour in the interests of transparency. If the search is fruitless, doesn’t prove who has ownership, or is complex, you should seek legal advice on boundary disputes. A specialist residential disputes solicitor will be able to dissect information to establish who has boundary rights or a right of way in a boundary dispute. It is possible that a boundary dispute over someone building an extension which is blocking your light or encroaching on your land, may also lead to a legal dispute, i.e. whether the neighbour had the correct planning permission.
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Resolving a legal dispute
If you suspect or have evidence of illegal or criminal activity, it is unlikely that a face-to-face confrontation would amicably resolve the issue. This could lead to threatening or violent behaviour aimed at you. It is advisable to report any suspicion of illegal or criminal activity to the police immediately, particularly if you have evidence and particularly if you suspect someone is in serious harm, such as suspected incidents of domestic abuse.
If you are involved in a neighbour dispute of any kind, and you don’t know how to resolve it, or you have attempted to resolve it amicably by talking to your neighbour but this hasn’t worked, then contact our residential disputes team and we can listen to your story and work out the best way to proceed. So get in touch today.
