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The Most Common Neighbourhood Disputes

Author: Sarah Clark (ILEX) - Updated: 20 April 2011 | Comment
 
Neighbour Dispute Property Boundary

If you’re having issues with your neighbours, it be comforting to know that you’re far from alone! According to the Citizens Advice Bureau (CAB), neighbourhood disputes are a very common occurrence, so there is a wealth of experience available for people who are affected by some of the issues that frequently crop up.

Noisy Neighbours

The most common issue that causes tension between neighbours seems to be noise. We all have a bit of a moan when the next door neighbour decides to start a big DIY project early on a Sunday, or their party keeps us awake, but when the problem is more than an occasional minor annoyance and can be defined as Noise Pollution, you might find yourself having to take action.

Asking them to keep the noise down is probably the best first step, but if they won’t, consider contacting the neighbour’s landlord if the property is rented, or Keep A Diary if the problem persists. The police and local authorities also have certain powers to deal with noise problems.

Boundary Disputes

Many a court case has arisen over a Boundary Dispute, and unsurprisingly they are also a popular reason for complaint about the neighbours. The first thing that you need to do if you can’t reach agreement with a neighbour over who is responsible for a boundary is check the property title deeds. If they aren’t easily defined, then you’ll have to speak to an expert in boundary disputes. The CAB may be able to help or point you in the right direction.

Fences And Hedges often cause arguments between neighbours. If there’s a disagreement as to who is responsible for repairing a fence, again the deeds should help. There may be a stipulation that they are responsible for any repairs, although that’s not always the case. Strangely, unless the deeds say that they are responsible for repairs, they don’t have to do anything if the fence (or barrier) is damaged – unless it causes damage to your property, in which case they must sort it out or be prepared to pay for the damage.

Similarly, if your neighbour has the responsibility for a fence, they can do as they wish with that fence, even if you don’t like it. The only stipulations are that any fence or barrier must be safe.

Keeping Shared Facilities Maintained

Arguments can arise over who looks after shared facilities, or garden areas, especially in flats. Check the deeds if you own the property as these are usually well defined, especially in the case of flats.

If you can’t come to an agreement on whose responsibility it is, in some cases the local authority environmental health officer (EHO) can settle it for you. They might be able to order someone to clean up a communal area, keep the garden tidy, or carry our repairs within a certain time. If a garden is actually a bit of a health hazard, definitely speak to the EHO. They could arrange help for an elderly neighbour who can't manage, for example.

Trees and Gardens

If a neighbour doesn’t take care of their garden or property and it impacts on yours, causing you damage or even an accident, they may be liable for damages. If your neighbour owns a tree it’s their responsibility to make sure it doesn’t damage your property. This includes letting roots grow under your property, or causing an obstacle.

Disputes over blocking out light can be very expensive to take to court, and you have no legal right to cut the trees down – so this kind of dispute is best dealt with sensitively, if possible. If you really can’t reach an agreement, you may have to involve solicitors but it’s always best to try to resolve this type of dispute amicably! If a neighbour’s hedge blocks your light, you can prune it back but you can’t reduce its height. Some hedgerows are legally protected, so again, always try to resolve the problem amicably.

Problems with Local Children

There’s not much you can do if the local kids are noisy – that’s just kids for you. However, if they cause damage to your property, the best thing to do is have a word with their parents, and ask if they will pay the cost of repairs to your property. Legally, they aren’t liable for the damage unless they were ‘negligent’, but in most cases they will be mortified that their little darling has broken your window (or whatever damage they’ve caused) and will stump up for repairs even if they are less than happy about it.

If the neighbour’s children insist on trespassing in your garden, again try speaking to their parents first. If this doesn’t work, and especially if the kids are taking things or damaging your property, you could warn then that you’ll call the police if their parents don’t control them.

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Comments...

My neighbour parks his car within inches of my car,he also flashes his full beam on his car when he comes down the street which goes directly in to my living room window.He also beeps his horn when leaving and when returning back and he uses excessive speed up and down the road were we live.In most case he just does not care about anyone else apart from him self.I am in the HM Forces and we have tried to talk to him but he will not listen at all.Ever since we moved in he has been a constant pain.They bang on the walls when they enter there house for no reason.I could go on and on.I reported him to the police and they said there is othing they can do as he does everything with the law in there eyes.The police suggested me to move from the property as it an Army house.Its getting behond the joke and it seems to me that other people that live around the street just put up with him due to being scared as he can be very intimidating at times.There must be something that can be done.
tiny - 10 November 2011 @ 9:35 AM
It is so depressing to hear the children next door whoop and shriek between 4 oclock and supper-time about 7pm. The trampoline squeaks relentlessly! The father shouts instructions to them from the front door.Thank goodness I'm lucky enough to move my patio to the side of my house.They have no idea of the impact all this noise has on me; the parents are fairly brusque and I wouldn't like to complain.It 's surprising how grumpy it makes me feel.
don't have on - 15 June 2011 @ 8:50 PM
I would think that hordes of local children shrieking and screaming in your cul de sac every day would be reason for a noise complaint. Especially when you're trying to complete the final year of a degree.
Melinda - 10 April 2011 @ 4:51 PM
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