5 minute read
Barwells Solicitors
I AM HAVING DIFFICULTIES WITH MY NEIGHBOUR, I AM HAVING DIFFICULTIES WITH I AM HAVING DIFFICULTIES WITH MY NEIGHBOUR, WHAT CAN I DO? MY NEIGHBOUR, WHAT CAN I DO? WHAT CAN I DO?
Nobody wants to have a disagreement with their neighbour but they do happen and it is very important Nobody wants to have a disagreement with their neighbour but they do happen and it is very important that they are handled with diplomacy and tact. that they are handled with diplomacy and tact. Neighbourly disputes can cause great distress and emotions run high. Common disputes with neighbours include, Neighbourly disputes can cause great distress and emotions run high. Common disputes with neighbours include, but are not limited to, boundary disputes, nuisance experienced from noise and trespass due to a neighbour trying but are not limited to, boundary disputes, nuisance experienced from noise and trespass due to a neighbour trying to carry out works to their own property. At the heart of trying to resolve such disputes we understand that keeping to carry out works to their own property. At the heart of trying to resolve such disputes we understand that keeping good neighbourly relations is key and where possible we aim to support you with this to achieve a satisfactory good neighbourly relations is key and where possible we aim to support you with this to achieve a satisfactory outcome for all. outcome for all. Communication is key in all aspects of maintaining good relations and it is certainly advisable to try to talk to your Communication is key in all aspects of maintaining good relations and it is certainly advisable to try to talk to 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 is not always possible. If you find yourself in this situation and have exhausted all avenues then we are here to this is not always possible. If you find yourself in this situation and have exhausted all avenues then we are here to support and guide you. We will help you consider the practical and legal implications involved with these types of support and guide you. We will help you consider the practical and legal implications involved with these types of disputes and the issues that may arise. We can help to find experts in particular fields if these are required. disputes and the issues that may arise. We can help to find experts in particular fields if these are required.
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A typical example of when problems can arise is in the A typical example of when problems can arise is in the case of a tree that has grown to such an extent that it is case of a tree that has grown to such an extent that it is causing a nuisance or damage to another person’s land. causing a nuisance or damage to another person’s land. In Miller v Jackson it was stated that “the very essence In Miller v Jackson it was stated that “the very essence of private nuisance…is the unreasonable use of man of private nuisance…is the unreasonable use of man of his land to the detriment of his neighbour”. Tree of his land to the detriment of his neighbour”. Tree roots or overhanging branches can be a source of great roots or overhanging branches can be a source of great problems between neighbours. What is unreasonable problems between neighbours. What is unreasonable is very fact specific and takes into account criteria such is very fact specific and takes into account criteria such as the character of the neighbourhood, duration of the as the character of the neighbourhood, duration of the nuisance and the sensitivity of the claimant. In cases nuisance and the sensitivity of the claimant. In cases of nuisance the maliciousness of a party can also be of nuisance the maliciousness of a party can also be taken into account when establishing liability. It is also taken into account when establishing liability. It is also important to consider whether any harm or damage has important to consider whether any harm or damage has occurred as this is a requirement in order for a claim to occurred as this is a requirement in order for a claim to be made. be made. Trespass to land can be another source of contention Trespass to land can be another source of contention between neighbours. This is particularly the case when between neighbours. This is particularly the case when maintenance work needs to be done to a property maintenance work needs to be done to a property which requires access to a neighbour’s land to carry out which requires access to a neighbour’s land to carry out such work. Again, as with a nuisance claim, there are such work. Again, as with a nuisance claim, there are elements which need to be considered. Trespass can elements which need to be considered. Trespass can be summarised as a direct and “unjustified interference be summarised as a direct and “unjustified interference with the possession of land…whether or not the entrant with the possession of land…whether or not the entrant knows that he is trespassing”. knows that he is trespassing”.
What are the cost implications? What are the cost implications?
Unfortunately disputes of this kind can be notoriously Unfortunately disputes of this kind can be notoriously difficult and costly and this must be borne in mind when difficult and costly and this must be borne in mind when embarking on legal action. We can help you to explore embarking on legal action. We can help you to explore possible avenues of funding and advise on what costs possible avenues of funding and advise on what costs are associated with such action. We will use our best are associated with such action. We will use our best endeavours to keep costs to a minimum and will help endeavours to keep costs to a minimum and will help you try to resolve the matter quickly and in the most you try to resolve the matter quickly and in the most efficient way. efficient way.
If you would like to speak to one of our solicitors please do not hesitate to contact our litigation team on If you would like to speak to one of our solicitors please do not hesitate to contact our litigation team on 01273 582 271 or01273 582 271 or litigation@barwells.com litigation@barwells.com
Lauren Chambers Lauren Chambers Partner, Head of Litigation Partner, Head of Litigation T 01273 582271 T 01273 582271 Sarah Rebello Sarah Rebello Solicitor, Litigation Solicitor, Litigation T 01273 582271 T 01273 582271
Barwells Barwells
Est. 1896, a QualitySolicitors Est. 1896, a QualitySolicitors Fi Firm rm
Changing the way you see lawyers. Changing the way you see lawyers.
