Bad Neighbours…

by | Aug 4, 2016 | Blog Posts

Neighbour disputes are unfortunately becoming more common and there are so many types of issues that can arise which can result in a legal dispute.
Some examples of the types of disputes that we see are set out below.
Rights of way
If access ways are not clearly set out in the deeds to a property, then legal advice should be sought as early as possible to establish the parties’ rights over the area.  Early legal advice can help prevent arguments and bad feeling between neighbours.
Furthermore, if access to a property has been used for many years uninterrupted and can be evidenced, then this on its own can create the right to use such land.
Shared Amenities
Shared amenities can include drains, driveways, chimneys and roofs.
Before repairs to shared areas are carried out, it is advisable to review your legal documentation.  Among other things, you will need to consider:

  1. Who is responsible for carrying out such repairs?
  2. Who is responsible for paying for those repairs? And
  3. If you are to carry out the works, will you require access over a neighbour’s property in order to reach the area that requires maintenance? If so, is this something you must seek separately, or is a right granted in your deeds?

If your neighbour will not agree to give access for you to carry out necessary works, it is possible to ask the County Court for an Order that they be forced to provide such access.
With more cars per household nowadays, parking wars are very common.  Unless it is specifically stated in legal documentation or a permit is granted, residents do not have the right to a certain space on a public road.
In relation to shared driveways, these are usually set out in the legal title documents to the property.  If neighbours and their visitors are not using shared roadways correctly, you should take legal advice as to your options.
It is surprisingly common for neighbours to argue over trees; whether branches are overhanging or roots potentially causing damage to a neighbour’s property.  If a tree is overhanging into your garden and causing damage, we would advise that the first step would be to approach your neighbour setting out your concerns.  Should neighbourly discussions not work, we can advise you on your options.
We always recommended that you seek legal advice when it comes to neighbour disputes so that you can establish boundaries or rights preventing you from taking wrong course of action, risking your legal position.
If you have been affected by similar issues raised, please contact our Property Disputes Solicitor for a free consultation on 0113 244 9931 or click here to get in touch with us.

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