II AM DIFFICULTIES WITH MYWITH NEIGHBOUR, AMHAVING HAVING DIFFICULTIES WHAT CAN I DO? MY NEIGHBOUR, WHAT CAN I DO? Nobody Nobody wants wants to to have have a a disagreement disagreement with with their their neighbour neighbour but but they they do do happen happen and and it it is is very very important important that they are handled with diplomacy and tact. that they are handled with diplomacy and tact. Neighbourly Neighbourly disputes disputes can can cause cause great great distress distress and and emotions emotions run run high. high. Common Common disputes disputes with with neighbours neighbours include, include, but are not limited to, boundary disputes, nuisance experienced from noise and trespass due to but are not limited to, boundary disputes, nuisance experienced from noise and trespass due to aa neighbour neighbour trying trying to carry carry out out works works to to their their own own property. property. At At the the heart heart of of trying trying to to resolve resolve such such disputes disputes we we understand understand that that keeping keeping to good good neighbourly neighbourly relations relations is is key key and and where where possible possible we we aim aim to to support support you you with with this this to to achieve achieve aa satisfactory satisfactory outcome for for all. all. outcome Communication Communication is is key key in in all all aspects aspects of of maintaining maintaining good good relations relations and and it it is is certainly certainly advisable advisable to to try try to to talk talk to to your your neighbour in the first instance to try to resolve the issue without resorting to legal proceedings, but sometimes neighbour in the first instance to try to resolve the issue without resorting to legal proceedings, but sometimes this this is is not not always always possible. possible. If If you you find find yourself yourself in in this this situation situation and and have have exhausted exhausted all all avenues avenues then then we we are are here here to to support and guide you. We will help you consider the practical and legal implications involved with these types support and guide you. We will help you consider the practical and legal implications involved with these types of of disputes disputes and and the the issues issues that that may may arise. arise. We We can can help help to to find find experts experts in in particular particular fields fields if if these these are are required. required. A typical typical example example of of when when problems problems can can arise arise is is in in the the A case case of of aa tree tree that that has has grown grown to to such such an an extent extent that that it it is is causing causing aa nuisance nuisance or or damage damage to to another another person’s person’s land. land. In In Miller Miller vv Jackson Jackson it it was was stated stated that that “the “the very very essence essence of private nuisance…is the unreasonable of private nuisance…is the unreasonable use use of of man man of of his his land land to to the the detriment detriment of of his his neighbour”. neighbour”. Tree Tree roots roots or or overhanging overhanging branches branches can can be be aa source source of of great great problems between between neighbours. neighbours. What What is is unreasonable unreasonable problems is is very very fact fact specific specific and and takes takes into into account account criteria criteria such such as the the character character of of the the neighbourhood, neighbourhood, duration duration of of the the as nuisance nuisance and and the the sensitivity sensitivity of of the the claimant. claimant. In In cases cases of of nuisance nuisance the the maliciousness maliciousness of of aa party party can can also also be be taken taken into into account account when when establishing establishing liability. liability. It It is is also also important important to to consider consider whether whether any any harm harm or or damage damage has has occurred occurred as as this this is is aa requirement requirement in in order order for for aa claim claim to to be be made. made.
Trespass to to land land can can be be another another source source of of contention contention Trespass between between neighbours. neighbours. This This is is particularly particularly the the case case when when maintenance work needs to be done to a maintenance work needs to be done to a property property which which requires requires access access to to aa neighbour’s neighbour’s land land to to carry carry out out such work. Again, as with a nuisance claim, there such work. Again, as with a nuisance claim, there are are elements elements which which need need to to be be considered. considered. Trespass Trespass can can be be summarised summarised as as aa direct direct and and “unjustified “unjustified interference interference with the the possession possession of of land…whether land…whether or or not not the the entrant entrant with knows knows that that he he is is trespassing”. trespassing”. What What are are the the cost cost implications? implications? Unfortunately Unfortunately disputes disputes of of this this kind kind can can be be notoriously notoriously difficult and costly and this must be borne difficult and costly and this must be borne in in mind mind when when embarking on on legal legal action. action. We We can can help help you you to to explore explore embarking possible possible avenues avenues of of funding funding and and advise advise on on what what costs costs are associated associated with with such such action. action. We We will will use use our our best best are endeavours endeavours to to keep keep costs costs to to aa minimum minimum and and will will help help you you try try to to resolve resolve the the matter matter quickly quickly and and in in the the most most efficient efficient way. way.
If If you you would would like like to to speak speak to to one one of of our our solicitors solicitors please please do do not not hesitate hesitate to to contact contact our our litigation litigation team team on on 01273 582 271 or litigation@barwells.com 01273 582 271 or litigation@barwells.com
Barwells
Est. Est. 1896, 1896, aa QualitySolicitors QualitySolicitors Firm Firm
Lauren Lauren Chambers Chambers Partner, Head Head of of Litigation Litigation Partner, TT 01273 01273 582271 582271
Sarah Sarah Rebello Rebello Solicitor, Solicitor, Litigation Litigation TT 01273 01273 582271 582271
Changing Changing the the way way you you see see lawyers. lawyers. admin@barwells.com @QSBarwells admin@barwells.com @QSBarwells www.qualitysolicitors.com/barwells www.qualitysolicitors.com/barwells To advertise in Seaford Scene please call 01273 710793 or email fran@seafordscene.co.uk
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