Neighbour and Boundary Disputes

When purchasing aproperty most people plan to live in their home for an extended amount of time and in many cases indefinitely. Although homeowners would expect to live peacefully in their home there are many reasons a dispute may arise asdisputes between neighbours are not uncommon.

Disputes often increase in areas where people live close to each other. At HB 121 Solicitors our team of qualified Conveyancing and Dispute Resolution Solicitors can guide you through these difficult times.

Foliage and Maintenance Issues

Disputes can arise where the agreed maintenance and overall upkeep of property is not observed. This could be overgrown gardens and trees, branches and fruits infringing on your property that is believed to be the responsibilityof your neighbour.

Boundary Disputes

Your neighbour may encroach on your land and move boundary lines of your property to accommodate their needs. Your title plan that can be accessed from HM Land Registry can help highlight and intrusions on to your land but not as definitive as people think.

Trespassing and Easements

This is a very wide topic however this can be seen when a neighbour or person has a right to pass through your property as a pathway and/or shortcut to reach a specified destination. This may be difficult to be specific when there is an expressed or implied easement on the land. These can come about through long usage and there may be no specific deed.

Restrictive Covenant Issues

A Restrictive Covenant is an agreement made between landowners for set specified restrictions of the use of a piece of land. These agreements are Binding upon to the land so even if parties to the original covenant do not hold this property any longer the restriction can still be enforced.This can usually be found on the Title document or Deeds concerning that land.

Restrictive covenants can be useful in; protecting property from being altered, preventing large buildings being built on the land that may disrupt the land and preventing to use property for business or residential purposes interchangeably.

Other issues

As well as boundary related disputes,disruption may be caused by other means by neighbours including:
  • Litter
  • Noise
  • Antisocial behaviour
  • Vandalism

All these issues can lead to disputes that may not be resolved quickly and can snowball into larger issues if not resolved in a timely manner.

What are your options?

  • Try to resolve the dispute with your neighbour(s). It would be advisable to speak to your neighbour(s) if possible before involving a 3rd party
  • Speak to a mediator - If the dispute can't be resolved speaking to your neighbour(s) you may want to speak to a mediator. This is a useful out of court resolution but you will need to establish your position through a Solicitor First
  • Contact a Solicitor - If there is no positive outcome at mediation you may need to instuct a Solicitor to resolve your dispute in court

With issues such as litter, noise, vandalism or anti-social behaviour if you can’t resolve this by speaking with your neighbours you may decide to contact the appropriate authorities as this may be in breach of environmental policies or other legislation.

When neighbourhood conflictarises, it is advisable to settle the dispute with your neighbour at first instance. If this is not a possibility our Dispute ResolutionSolicitors are ready to advise and guide you through this process.

If you need support through a neighbour or boundary dispute please contact HB 121 Solicitors in Wolverhampton, Kidderminster and Stourport-on-Severn on 01562 702655 or email info@hb121solicitors.co.ukor make and online enquiry and one of our team will be in touch.