“Neighbours…everybody needs good neighbours…..”
That’s true, not just in an Australian soap opera, but all over the world, so the worst thing we can do is fall out with our neighbours because, as we all know “good neighbours become good friends“… or at least they don’t start a war which ends up in Court as happened in this case – “BOUNDARIES, BORDERS AND COSTS” reported in Civil Litigation Brief by Gordon Exall
Solicitors are often contacted by one aggrieved party who feels that they’ve been slighted because their neighbour’s tree overhangs their garden or they think a new fence has been put in 3 centimetres too far over. Those are common gripes but on the other hand, it can often be that they may really have their property rights at stake, for example, where an extension is being built up against a party wall without following the procedure laid down in the Party Wall Act 1996 which provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
Other common problems can be boundary disputes, the blocking of shared drives and the fallout from buying a house where the sellers have failed to disclose material issues about their neighbours, such as complaints they’ve made for years about rave parties. If these are not disclosed during the sales process, it is possible for the new owner to bring a claim against the seller for that non-disclosure and the amount to which the problems have diminished the value of the property. Many household insurance policies contain Legal Expense Insurance which usually covers advice on neighbour/boundary disputes, so it’s always worth checking your policy documents. These are complex matters of law which need the advice of an experienced lawyer who specialises in property dispute resolution.
If you need any further help with this topic, call Adrian Boulter on 0208 363 4444