Neighbour Disputes

What counts as a neighbour dispute?

A neighbour dispute is any disagreement between neighbours. This large category of legal conflicts includes everything from constantly barking dogs and loud music to conflicts over property lines, overhanging trees, rights of access and more.

The one thing these disputes have in common is they have the potential to make living side-by-side with someone highly stressful. Even a small annoyance can escalate into a serious disagreement, property damage or even harassment if it is not nipped in the bud.

Our property dispute lawyers are on hand to help you find a fair and practical resolution to every type of neighbour dispute. We focus on negotiating, rather than litigating, to save you time, expense and unnecessary confrontation. If court action is necessary, we will support you every step of the way.

What are the most common neighbour disputes?

Neighbour disputes can arise for a variety of reasons. The more common disputes that we deal with tend to fall into the following categories:

Boundary disputes

Boundary disputes are among the most fiercely fought disputes between neighbours. This is because they involve a direct clash of interests—two people claiming ownership of the same piece of land.

Issues that may lead to boundary disputes include:

• Erecting a fence, wall or hedge in the wrong place.
• Building an extension, garage or outbuilding over a neighbour’s land.
• Erecting a too-high boundary structure that blocks out light.
• Failing to keep a shared fence in repair.
• Claims for adverse possession, where someone has been using a piece of their neighbour’s land without permission for a long period.

Boundary issues are often not straightforward. The first objective is to agree on the legal boundaries. This can involve scouring through title deeds going back many decades, applying legal principles and Land Registry guidance, and consulting a surveyor to have an accurate plan drawn up. Once the boundary is established, you can decide what a proportionate response should be and open negotiations with your neighbour.

We work proactively to find the best outcome and permanently record the agreement to avoid future disputes.

Nuisance, noise and anti-social behaviour

Nuisance neighbours come in all shapes and sizes, and any neighbour that unreasonably interferes with your enjoyment of your property can be a major headache. Examples include:

• Loud music, barking dogs, parties or burglar alarms constantly going off.
• Smoke, fumes and odour coming from a neighbour’s property, such as bonfires and barbeques.
• Use of intrusive CCTV that invades your privacy.
• Environmental hazards, such as rubbish building up or infestations from neighbouring properties.
• Anti-social behaviour including acts of littering, graffiti, aggression and harassment.

It can feel like your home is a prison when a nuisance neighbour refuses to stop their anti-social behaviour. Our specialist neighbour disputes solicitors act quickly to stop the poor behaviour and help you secure compensation, if appropriate.

Tree and hedge disputes

While everyone enjoys living in a leafy environment, sometimes trees and hedges can cause problems for neighbours. These include:

• Tree roots damaging your property’s drains and foundations.
• Branches hanging over your garden or blocking views and sunlight.
• Trees causing damage to boundary walls and fences.
• Hedges growing too tall and encroaching onto neighbouring land, effectively changing the boundary.
• Disagreements over who is responsible for maintaining trees and hedges.

In many cases, issues involving trees and hedges can be resolved amicably by discussing the matter with your neighbour. If this is not possible, we can help you take legal action to protect your rights and find a resolution to the problem.

Rights of way and trespass

A right of way is the legal right to pass over land that belongs to someone else. These rights are very common in urban areas where several homes may share a common driveway or an alleyway where bins are located. Disputes can arise when:

• A right of way has not been clearly defined in writing.
• A right of way is being obstructed, making it difficult for you to use it.
• A neighbour does not respect the terms of a right of way, for example, by parking their car over it or installing a locked gate.
• Someone is using your land without permission (trespass).

When a neighbour fails to respect your rights over their land, it is important to get advice from a specialist team. Our neighbour dispute solicitors have extensive knowledge in this area. We can help you negotiate with the other party and apply for an injunction if necessary to stop the neighbour’s behaviour and protect your rights.

Parking disputes

Parking disputes are very common in today’s two- and three-car households. They are often fuelled by the lack of sufficient on-road parking and can escalate quickly, especially where a neighbour:

• Parks on your driveway.
• Blocks access to your driveway.
• Repeatedly parks in your allocated or private parking space.
• Does not leave enough room for you to park safely on the street.

If you are involved in a dispute with your neighbour over parking, please speak to us. Parking rights are surprisingly complex, and there may be criminal as well as civil consequences for incorrectly parked cars. Our specialist solicitors can help ensure that you are not caught out.

Shared facilities and maintenance

Living in close proximity to others often means sharing driveways, roofs, drains and gutters. These can be a source of conflict if not properly maintained, and there is a risk of structural damage and a loss in the market value of your home.

Our property litigation solicitors can help you understand your legal rights and obligations in these situations. We frequently help residential home owners resolve disputes such as:

• Upkeep of drains, pipes and gutters.
• Blocked drains causing flooding.
• Repair of shared roofs, driveways and other common facilities.
• Doing work that is causing damage.
• Payment of contributions towards shared facilities.

Breach of restrictive covenants

Owning a home comes with many rights and freedoms about the way that you use your property. However, it is wrong to assume that you are free to do whatever you like with your home. Some properties are subject to restrictive covenants that limit the use or development of land. For example:

• Restrictions on building additional homes, extensions or structures.
• Architectural restrictions, such as not building above a certain height or maintaining a specific aesthetic.
• Restrictions on using land for commercial activities which would restrict, for example, running a business from home or an Airbnb.

Restrictive covenants are a tricky area of law. In theory, restrictive covenants are set in stone forever, but times change and so do the relevance of such covenants. Overly restrictive covenants can cause just as many disputes as a neighbour who refuses to respect them, and the restrictions are not always enforceable in the way you might expect.

Our property litigation team can help you enforce, negotiate, change or extinguish covenants as they apply to your property. We can also advise you about the implications of any covenants that apply to a property you wish to buy or sell, as the conveyancing process is often when breaches of restrictive covenants come to light.

How do you resolve neighbour disputes?

Most neighbour disputes can be resolved by having an open and honest conversation. Keep in mind that your neighbour may not be aware that their behaviour is causing a problem, so it’s important to approach the matter calmly and respectfully.

If you are unable to reach a resolution on your own, a formal letter from a solicitor can often help to de-escalate the situation. Mediation is another helpful tool for resolving the dispute outside of court.

If the dispute cannot be resolved through negotiation or mediation, legal action may be necessary. It is important to work with a specialist solicitor who can help you take reasonable and proportionate action. You likely have a lot of value and sentiment tied up in your home. It is always worth exploring options that will help you resolve the matter quickly and maintain a good relationship with your neighbour going forward.

Why choose Osbornes for your neighbour dispute?

Neighbour disputes are as much about relationships and the realities of living in close proximity to others as they are about legal rights and responsibilities. When choosing a lawyer for your case, you need to instruct someone who understands this. It is one thing to win a case, but it’s quite another to do so in a way that repairs relationships with your neighbours and maintains some form of civil interaction going forward.

At Osbornes Law, our specialist neighbour disputes lawyers deal with neighbour conflicts every day. We will be honest about the strength of your case and advise you on the most effective way to achieve your desired outcome. We’re fully accredited by the Solicitors Regulation Authority, recommended in legal guides for our outstanding client service, and capable of handling complex neighbour disputes with speed and efficiency.

To learn more, contact Osbornes’ neighbour disputes team today for a free, no-obligation discussion.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811