When to Consider Legal Action
The vast majority of disputes between neighbours can usually be resolved between each other without the need to take legal action. Most disputes can, ultimately, be settled in court if that’s the last resort – be it a problem with a neighbour’s dog which barks incessantly, thick black smoke from a bonfire, noisy parties until all hours, DIY and building projects, planning permission etc. - virtually every possible dispute or disagreement that you could think of which might occur between neighbours will fall under some kind of government legislation if the dispute cannot be settled amicably but, for the most part, it shouldn’t need to get to that stage.
Discuss The Problem Between Yourselves Firstly
Any dispute or disagreement you may have with your neighbour, you should try to resolve between yourselves first of all. In many cases, resorting to using the full power of the law at the first opportunity, especially in incidents which might be seen as relatively minor is likely to cause the other party to become resentful towards you and can sometimes even escalate a situation.Talking with your neighbour in a calm, rational manner can usually resolve most things. Often, it’s only by doing this that you can both start to see things from the other person’s perspective too which then helps you both to come to some kind of agreement, even if a compromise has to be made on one or both sides. And if that doesn’t work…?
Mediation
If you cannot come to a mutually satisfactory agreement, most local authorities will be able to put you in touch with a mediation service in your area which is relevant to the issue you need to resolve. This can be a good solution where two neighbours cannot agree to the other’s viewpoint about a particular issue, yet are still prepared to explore other avenues other than to go through a court to resolve matters.These kinds of mediation services are often run by charitable organisations and so many of them provide their services for free. The process will involve an independent skilled mediator listening to both sides of the argument, without imposing judgement on either side, and in doing so, it is hoped that they might be able to come up with a resolution which both parties find acceptable.
Use Other Professionals To Help Find A Solution
Another way of resolving certain disputes without going to court might be to get a relevant professional in to take a look at the issue and they might be able to come up with a solution both parties hadn’t thought of. An example might be employing the services of a chartered surveyor if a dispute has arisen over boundary lines, building work etc. Obviously, this method of resolving an issue can only work in certain types of dispute.
Contacting The Local Authority
Many disputes between neighbours will often be dealt with not by getting the police involved but by contacting your local authority firstly. Sometimes, a visit from a representative of your local authority or, perhaps, getting the landlord or housing association involved first, if you live in rented accommodation, for example, is sufficient to get the problem resolved without matters ending up in court.
And If All Else Fails…?
Certainly, there are instances when you should not think twice about instigating legal action against a neighbour. Crimes based on the likes of race, religious beliefs etc and serious cases of wilful damage to property or of harassment and physical violence are all matters in which it might be highly likely that you will want to seek legal redress through the court process having gone to the police firstly.Even in such instances, however, it’s important to seek some legal advice from a solicitor or a legal advice centre initially. In taking an issue to court, you’ll need to know what the process will entail, the likely cost and your chances of securing a conviction, winning the case and/or receiving compensation.
Therefore, unless there’s a direct threat to your physical and mental well-being, you should always firstly try to explore every possible avenue when it comes to a dispute between a neighbour before considering legal action as, not only could it prove costly, you might not even be guaranteed of winning your case.
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