FAQs for Neighbour Disputes
Our legal team have answered common questions relating to the following common neighbour disputes.
A: The Title Deeds to your property usually have a plan of your property which indicates the boundary lines.
A: If you are unable to reach an agreement with your neighbour on the basis of the information you each hold, then it may be necessary to instruct a surveyor to advise. The surveyor can examine features on the ground together with the such information as is available. The surveyor might be appointed by one party to advise him/her, or could be appointed by both neighbours jointly.
- an injunction, for example, requiring your neighbour to remove a fence they have erected within your boundary line.
A: There are no hard and fast rules as to which neighbour owns a particular boundary structure (eg fence, wall or hedge).
Your Deeds may contain information as to who owns a particular boundary, but often they do not, or the situation may have changed since the deeds were written. So, regardless of any information in the title register or in any Deeds, it is probably best to talk to or write to your neighbour before doing anything to a fence, wall or hedge or other feature between your properties.
- give the owner any branches and/or fruit removed or dispose of it with the owner's consent.
A; The Title Deeds to your property usually give you permission to access your neighbours land to carry out repairs. If there is no mention of this in the Title Deeds, you will probably need your neighbour’s permission to access their land. If your neighbour does not give you permission then there may be implied rights to access, which your solicitor can advise you about or you may be able to take your neighbour to court to get an access order to enable you to go onto your neighbour’s property for the purpose of repairing your own.
A: Your Local Council’s planning department should be able to advise you about any necessary planning permission needed. You should find this out before you start building. Certain types of extensions do not require planning permission, this can be dependant upon the size of the extension and where you want to build. For more information on this, you should contact your local Council.
A: In this situation a certain procedure must be followed. This is set out in a piece of legislation called The Party Wall Act 1996. If you don’t follow this, you could be fined, or your neighbour may be able to take legal action against you which could be costly. If you think the Party Wall etc Act 1996 applies to you, please contact us for more detailed information.