Neighbours

INTRODUCTION

We all want to live our lives with as few problems as possible. Occasionally problems with neighbours crop up and on occasions can cause all sorts of trouble. We hope this section will give a few pointers on how best to resolve some issues.

PRACTICAL STEPS TO TAKE

Whatever the problems you might have with your neighbours it is essential that you first take a few common sense practical steps before getting too unhappy and upset.

TALK TO THEM NICELY!

Approach them and politely tell them your concerns. Quite often this does the trick and a suitable and reasonable compromise can be reached.

DISCUSS WITH OTHER NEIGHBOURS

If no progress is made then discuss the matter with your other neighbours. A problem shared is a problem halved. If they agree then you may be able to sort matters out by way of a joint and concerted approach.

KEEP WRITTEN RECORDS

Write a polite letter and keep a copy. Also keep a diary of the any relevant events and incidents.

NOISE NUISANCE

Noise is a form of pollution and a legal "nuisance". If your neighbours start creating a noise problem then it can be very unsettling. Common problems with noise can include a dog barking, the stereo playing too loudly, or all night parties.

THE POLICE

If the police are called they will ask for the noise to be turned down. Otherwise there is not much they can do, unless they fear there is going to be some sort of criminal offence is going to occur such as a breach of the peace.

LOCAL AUTHORITY

The Local Authority Environmental Health Department will get involved if the noise becomes a serious problem. They will require a fair amount of detail and if they are satisfied the problem is genuine and serious they will initially write a letter. If the problem continues then a notice under section 80 of the Environmental Protection Act can be served, giving formal notice that the noise levels must be stopped or reduced.

MAGISTRATES COURT

It is possible for the Local Authority or an Individual to take court action by applying to the magistrate’s court for an order under section 82 of the Environmental Protection Act.

NOISE ACT 1996

This act creates a night noise offence and sets out permitted levels of noise during night hours of 11pm and 7am. A notice can be issued and if the noise is not stopped then any equipment creating it can be confiscated and a fine can be imposed.

BUILDING WORK

If your neighbours have works done to their property then so long as the noise is being produced at reasonable times, and for a limited period then you may just have to put up with the noise.

LOCAL AUTHORITY REGULATIONS

If you feel the problems are excessive then you could check with the Local Authority planning department to see if there are any restrictions on the planning or building regulation approvals that might have been issued. The Local Authority might take action themselves if the works do not fall within the regulations.

DAMAGE TO PROPERTY

Sometimes damage can be caused to your own property by neighbour’s works. If so take photos and any other evidence. You should discuss the matter with your neighbours and if they are not prepared to accept responsibility then you should obtain a specialist surveyors or similar report and details of the costs of putting things right. If the neighbours still refuse to pay then issue proceedings in the county court.

INSURANCE COVER

Your neighbours may well have some form of buildings insurance that should cover any costs involved.

EXTENSIONS

It is essential that you check to see if you need the formal written Planning Permission and Building Regulation approval before you carry out any works. Bear in mind that the local planning authority does have the right to force you put things right and/or to remove an unauthorised works or buildings. At the most basic level major works require permission but many minor works do not. The rules are very complicated.

KEEPING THE NEIGHBOURS INFORMED

Let your neighbours know about your proposals and try and seek some general agreement to what you are proposing to do. Be wary of any works that might infringe onto your neighbours property or even on their right of light. You will of course need your neighbour’s permission if you need to go onto their property to carry out any of the work.

DOGS

If you feel threatened by a neighbour’s dog and it has been behaving dangerously in a public place then you might be able to apply to the magistrate’s court to obtain an order that the dog be muzzled or kept on a lead. Contact the Local Authority dog warden to see what can be done.

DOG FOULING

If your neighbour’s dog is fouling on your property then you may be able to get the Local Authority Environmental Health department to take action. Alternatively take action yourself and put up a fence or other barrier to stop the dog from entering onto your property.

PARKING

If your neighbour parks across your driveway then you can of course, ask him to move the vehicle immediately. If he refuses then call the police. A more long-term measure would be to contact the Local Authority Highways department and ask they introduce road markings or a residential parking scheme.

ALARMS

If an alarm keeps going off then the police and the Local Authority can take action. In particular vehicles and premises can be entered to deactivate alarms if attempts to contact the owner fail.

BOUNDARIES

Boundary disputes are really difficult to resolve. Before you take any action you must check the legal position out very carefully. Contact the solicitor who acted on your purchase and ask for copies of any title deeds, plans and other relevant documents. If these are not clear then you may need to seek formal legal advice from a solicitor and possibly from a surveyor. They will be able to advise best on the interpretation of the documents. If you do need legal advice or if you have to go to court then please note that it can be very time-consuming and expensive.

ADVERSE POSSESSION

If someone takes possession of land and uses it as their own for more than 12 years without challenge, then it can legally become their own through "adverse possession".

OWNERSHIP OF BOUNDARIES

Often the title deeds and documents will indicate ownership and responsibility. Sometimes the boundaries are jointly owned. Jointly owned walls, fences and boundaries between properties are called "party walls".

MAINTENANCE AND REPAIRS

The question of who maintains and repairs boundaries is the responsibility of who owns them. If the position is unclear, then if the boundary wall of fence is supported by pillars on your side then the law can presume that it is yours.

ACCESS FOR REPAIRS

If you are refused access to a neighbour’s property to carry out repairs to your own then you can get a court order to legally entitle you to access.

TREES

If a neighbours tree or bush overhangs onto your property then you can prune it back to the boundary line. The clippings or any fruit etc do not belong to you and you need to put them back onto the neighbours land.

PRESERVATION ORDERS

You may live in a conservation area and or there may be a preservation order in respect of a tree, and if so you should not prune it without first getting your neighbours and the Local Authority’s permission.

MEDIATION

Sorting problems out with neighbours can be expensive and complicated. If matters are serious try and persuade your neighbour to discuss matters with an independent mediator.