Neighbour & Boundary Disputes

Neighbour Disputes

Disputes involving neighbours are very common and the law encourages neighbours to discuss issues together and try to resolve them amicably and sensibly. However, when this is not possible and communication has broken down, or there is a deep misunderstanding that exists between two parties who cannot agree on land ownership, boundary lines or rights of way, then Lawson-West’s team of dispute resolution specialists can review legal documentation and land registry records to ascertain title ownership, plans and any covenants which apply.

We assist with all stages of negotiation and work towards a mutually agreeable resolution. When negotiation does not work, our experienced legal experts and litigators can support clients, advising on the best route towards resolution in their specific case.

Boundary Disputes

More often than not, boundary lines do not go straight down the middle of the neighbouring properties and Land Registry Title Plans do not always accurately detail the boundary lines of each property. If you find yourself questioning your boundaries, it may be necessary for you to seek legal advice. We would be able to help you with any of the following:  

• Boundary and Party Wall disputes

• Rights of access/ parking

• Rights to light and other easement disputes

• The position of fences, hedges, trees or walls

• Trespass claims

• Planning permission disputes and objections

• Impact of adjoining new builds and neighbour extensions

• Seeking mediation for shared amenities

• Drafting boundary agreements

• Making determined boundary applications; and

• Instructing expert surveyors to assist in reaching a resolution.
  

Nuisance

Before raising a complaint, it is important to decipher whether your neighbours’ actions would considered excessive and unreasonable. Depending upon the severity, nuisance could lead to claims of harassment against one another.We would be able to help you by:

• Contacting your neighbours regarding any harassment or noise claims

• Dealing with any antisocial behaviour

• Dealing with your GDPR rights for any cameras thought to be infringing your rights

• Making a claim for damage to your property caused by your neighbours; and

• Seeking injunctions should the same be necessary to protect your interest.

Rights of Ways and Covenants

Your neighbour may have a right of way over your land which allows them to use a part of your property. Or on the other hand, they may be restricted from doing something on their land for your benefit. Your neighbours may be abusing their rights or they may be in breach of their covenants. If you would like to discuss such rights and restrictions, please contact us so that we can aid you by:

• Clarifying your legal position as to your or your neighbour’s rights of way or restrictive covenants

• Making applications to the court to modify or extinguish any restrictive covenants

• Contacting your neighbour who is refusing your building request

• Making a claim for damages or seeking an injunction

• Making the relevant applications to protect your rights.

Please note, should you wish to sell your property, you must inform any potential buyer of any past or ongoing neighbour disputes. As neighbour disputes are often classed as low-value disputes, it is important to look at alternative ways to solve the disputes such as attending mediation where an independent expert will be able to negotiate a fair outcome for both parties. This is both a less confrontational and an inexpensive way of resolving the issues. Should your matter need to proceed to Court, it will allow the Judge to see that you have taken all reasonable steps before proceeding with litigation.

Please note that the above lists are not intended to be exhaustive lists of areas that our lawyers deal with nor is the information above intended to substitute legal advice. You should always consult with a solicitor directly. Should you have any queries, please do not hesitate to contact the Dispute Resolution team here at Lawson-West Solicitors.

Further information on this topic can also be found within our articles below:

How to Avoid A Neighbour Dispute - for tenants and property owners

Please contact us to discuss any dispute matter and our team will be happy to assist. Please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the Contact Us form and we will get in touch as soon as possible.

We know that litigation can be expensive and this can often act as a barrier to individuals obtaining advice. We therefore do all we can to help our clients obtain affordable and effective assistance.

Our initial meeting allows you to obtain advice and talk to a specialist litigator. We will then explore with you the options available to reach a resolution to the dispute and at all stages endeavour to minimise the costs to you.