Home > Who to Contact > When to Consider Legal Action

When to Consider Legal Action

Author: Jeff Durham - Updated: 21 April 2011 | Comment
 
Consider Legal Action Against Neighbours

The vast majority of disputes between neighbours can usually be resolved between each other without the need to take legal action. Whether it's a problem with a neighbour’s Dog Which Barks Incessantly, thick black Smoke From A Bonfire, Noise Disruption, DIY and building projects, or planning permission issues, virtually every possible neighbourhood dispute or disagreement will fall under some kind of government legislation.

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, 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…?

Using a Mediator

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 or building work. 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 but by contacting your local authority first. Sometimes, a visit from a representative of your local authority or, perhaps, getting the landlord or housing association involved if you live in rented accommodation, 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 race and religious beliefs, and serious cases of wilful damage to property, harassment or physical violence are all matters in which you may want to seek legal redress through the court process.

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 try to explore every possible avenue when it comes to a dispute between a neighbour before considering legal action.

You might also like...

Comments...

I am a tenant, the neighbour next door is one from hell but the landlord defends them although given evidence they are breaking their agreement with that landlord. What option is left open to me.
Mike - 25 October 2011 @ 9:36 PM
My neighbour has taken some of my land off my back garden, by putting a back gate on the side of his garage. When I put new fencing up I've had to tapper the end of my garden for it to fit. I've had a Surveyors report done that was in my favour and have given neighbour a copy with covering letter, I've have had no reply. What to do next?
julie - 19 September 2011 @ 3:13 PM
We moved into our home in 1997 and from the first day we had neighbour problems. Your site has given me answers to many questions but I still have a problem as the telephone calls and emails to our Beat Officer are being repeated to our neighbour who has threaten violence and has also jumped the fence to commit violence. As we are all disabled, where do we go for help?
Cavaliers - 25 June 2011 @ 9:15 AM
Leave a Comment or Ask a Question...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Our Quick Links...
Also on Problem Neighbours...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the ProblemNeighbours website. Please read our Disclaimer.