Legal Basics - Property

Property Disputes

A survey conducted by the Legal Services Commission in 2006 showed problems with a neighbour was the second most common civil justice problem reported by respondents.

Citizens Advice say the most common causes for complaint are issues like 

• shared access to property
• boundaries
• noise
• parking, and
• overhanging trees.

Sound familiar?

I've fallen out with neighbour, what should I do?
Make every effort to resolve the dispute, without giving up any rights in your property deeds. Approach your neighbour to solve the problem amicably. Some local authorities run mediation services that you may be able to use. These disputes can be the lengthiest, most costly and bitter disputes that we see and it is worth making effort at an early stage to avoid a problem.

If the dispute doesn't end then put a polite request in writing. You should also maintain a detailed diary of all incidents. Please remember that this may need to be produced to court at some stage.

Where are my deeds?
These are crucial to any dispute. Your lender may have held them in the past. However lenders are now recording all information electronically, and sending deeds back to borrowers and their solicitors. If you've got the deeds then keep them in a safe place. You can also check out the deeds to your own property and your neighbours at www.landregisteronline.gov.uk.

What is the Party Wall Act?
This sets out a procedure if you are doing the following:

• work to an existing wall or floor shared with another property (a party structure)
• building on the boundary with a neighbouring property
• excavating works near to neighbouring properties.

Appropriate notices need to be served in order to protect your position. The Act then provides for both parties to appoint surveyors or a single agreed surveyor, who will act impartially. The surveyor will draw up an award, detailing the work to be done. The condition of buildings will be recorded, together with timetables for access and the work.

My neighbour is doing work that is causing damage - what can I do?
It may be worth calling the police, who can assist in some situations. You should also seek advice quickly as you may be entitled to obtain a court order stopping the work (an injunction).

My neighbour is being abusive and threatening me – what should I do?
The police may intervene if the threats and abuse are serious, or amount to harassment. It is worth giving them a call.

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