By Lucy Penfold, solicitor at stevensdrake.
Generally speaking, home owners are very proud of being home owners. It’s an achievement for some and a goal for others. You do as much as you can to protect your property but sometimes you might encounter unforeseen problems with your neighbours, which could turn awkward or nasty.
There are many different types of disputes which can arise between neighbours. I often get asked questions like:
- “My neighbour is doing work which is causing/has caused damage to my property, what can I do?”
- “My neighbour has erected a fence on my land, what can I do?”
- “My neighbour says he has a right of way over my driveway so I can’t park there, what can I do?”
…there are many more such examples.
However, these examples show three very different types of disputes. The first shows a potential damage based claim, the second shows a potential boundary dispute and the third a potential right of way dispute. You could encounter more than one type of claim, for example a boundary dispute which has incurred damage to your property.
It is important to seek legal advice if you encounter a neighbour dispute from the outset so you understand what your legal position is and whether you, or your neighbour, has acted lawfully. Our specialist team at stevensdrake can investigate the land and consider any relevant factors which might affect your position, and advise you on the best way to resolve the dispute.
Whatever the dispute is, you need to remember that you will have to continue living next to your neighbour until (or if) one of you moves. Therefore, court action should always be a last resort. First, have a friendly chat with your neighbour to try and resolve the issue. If that fails, then you should consider alternative ways to resolve the dispute and stevensdrake can assist with this, which could include using negotiation, independent surveyors or even mediation if appropriate.
Our litigation team at stevensdrake will consider any options available to enable you to reach a resolution.
If you have a dispute with your neighbour and would like advice from our litigation team then please contact us on 01293 596900 or email firstname.lastname@example.org.