The top 6 most common property disputes

Owning one’s own home is still every British person’s dream. It’s the pride of the older generations and the aspiration of the younger ones. There is something so reassuring about having your own patch, your own place in the world and your own front door to shut the noisome, fretful world out and luxuriate in the peace and unperturbed quiet of your own home where you are answerable to none and beholden only to your own whims and fancies.

For many, all of that is true most of the time. But, and alas, the quarrelsome and disagreeable world can make itself manifest in all sorts of unwelcome ways. Here is a list of the six most common property disputes.

Boundary disputes

Not only are these very common but they also have a long provenance in English law. In fact, court records from the medieval period are chock full of boundary disputes between neighbours, thus proving that our forebears were actually a pretty litigious lot. A common example of things that can give rise to a dispute are when a homeowner erects or moves a fence in such a way that it effectively annexes a bit of the neighbour’s land.

If this happens to you, then the first resort is to approach your neighbour with a view to settling the matter amicably. However, if this proves impossible or impractical, then you may need to consult a property disputes solicitor and ask them to write a letter on your behalf. This sometimes does the trick.

Party Wall disputes

Again, a frequent cause of property disputes between neighbours and it occurs when there is a wall or fence separating two properties which needs repair. You say it is the neighbour’s responsibility and they say it is yours. While the two parties are squabbling, the wall or fence continues to deteriorate. The party’s respective title deeds may provide a definitive answer as to who owns the wall or whether the costs of repair should be shared equally. However, sometimes the title deeds shed no light at all.

Again, it is really best to approach the issue amicably and try to reach some sort of agreement before it all gets acrimonious. Provided the parties are willing to cooperate, a Party Wall Agreement may be advisable and a solicitor will need to draw this up. It will be a relatively quick and painless process if the parties are agreeable.

Noisy or anti-social neighbours

As a property dispute example, it is a form of encroachment, or nuisance, and oftentimes the most unbearable. Whether it is the loud playing loud music at 3am or persistent dog barking, the first step you should take is to complain to the noisy neighbours. If your complaint goes unanswered or the behaviour is repeated, then you can direct your complaint to your Local Authority. Local Authorities have statutory powers to deal with nuisance, excessive noise or anti-social behaviour emanating from residential properties under the Anti-Social Crime and Policing Act 2014.

Calling the police is usually not an option unless there is a risk of violent behaviour or a breach of the peace.

Overhanging tree branches

If your neighbour has a tree and a branch of that tree is overhanging your garden, then that constitutes a trespass. It bears repeating that, in the first instance, try to approach the neighbour and ask them politely if they will cut the branch down or back. If that does not work, then this is one of the few cases where UK law permits a self-help remedy. In other words, you are quite entitled to cut down the offending branch or branches yourself.

Messy or untidy neighbours

If a neighbouring homeowner is not disposing of household waste properly or they are allowing rubbish and debris to accumulate in or around their property, then this can lead to infestations and other potential health hazards as well as having an adverse impact on the value of all the homes in the street. If your initial and reasonable complaints yield no results, then your next port of call should be the Environmental Health department of your Local Authority. They have statutory powers that enable them to take steps to deal with such situations

Obstructed rights of way

Many houses have the benefit of a right of way that leads in or out of the property and which the homeowner is supposed to be able to use whenever they please without let or hindrance. If a neighbour or any other person is obstructing or blocking that right of way, then that is actionable. Note that the obstruction or blockage must be substantial. This is a situation where the homeowner may need to consult with a solicitor if their initial complaints are ignored. Sometimes a well-worded legal letter can resolve the situation without the need to commence any litigation.

Getting the right legal advice

If you find yourself in the throes of a property dispute that you are unable to resolve by yourself, then getting the right advice in a timely fashion from a solicitor can make all the difference in the world. A solicitor with experience in dealing with property disputes can often diffuse very difficult problems with accurate advice and perhaps a letter or two. A specialist property dispute lawyer will always try to achieve this outcome without resorting to ruinously expensive court cases.

For further information and trusted legal advice regarding property disputes, get in touch with us at Carlsons Solicitors.