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Neighbourhood disputes

Complaint about a noisy neighbour
Complaint to a neighbour about damage caused by tree roots
Inform neighbour of intent to trim an overhanging tree or plant
Request a neighbour to cut back a tree or plant blocking light
Request an individual to stop trespassing on your property
Letter to object to planning permission for neighbour's extension
Complaint to local authority officer about noisy neighbours
Contents

Overview

The most common problems that are encountered by people regarding their home are inconsiderate behaviour by noisy neighbours and people going on to the private property of others. These issues can be very stressful and sometimes result in long and bitter neighbour disputes.

Obviously this is a question of degree and someone living in the centre of London cannot expect the same degree of quiet as someone who lives in the countryside.

In the event that the behaviour of others is causing disturbance to a homeowner, or their land is being trespassed upon, there are steps that can be taken in order to put an end to these activities.

Nuisance neighbours

Everyone has the right to peace and quiet and enjoyment of their own home without excessive disturbance from others. Nuisanse neighbours can disturb a person's enjoyment of their home and inconsiderate behaviour can even be detrimental to health. Find out in this section what steps you and your local authority can take to improve matters.

Trespassing

If someone buys a home the title to the land on which it is built must be registered. However, neighbours or other people may not respect the boundaries. It is possible that fences will be moved so that a few centimetre of land is lost or someone could start cutting across part of the driveway or garden.

This is known as trespass to land. If it is allowed to continue for a certain period of time someone could gain a legal right to continue to do so. If they do gain such a right it may be impossible to stop them from continuing to use that right therefore it is important not to allow this to happen on a regular basis as the value of your property may be adversely affected.

Garden disputes

Arguments with your neighbours can often occur because of overgrown gardens, boundary disputes and high hedges. This section seeks to address these issues and provide you with the information you need to be able to avoid costly legal action.

The control of plants and trees is important to prevent damage to the foundations of a building. In addition, excessive growth can also block light. If your neighbours do not control the growth of trees and plants, your house could become damaged and the value of your house diminished by lack of sunlight. However, there are steps you can take to protect yourself and recover any costs which such negligence may have caused you.

If someone is troubled by a neighbouring hedge, the best way to deal with the issue is to discuss it amicably and to agree a solution. For this reason, the law requires people to have taken reasonable steps to try to settle their hedge dispute for themselves before complaining to the local Council. It is often daunting to tackle neighbours about a problem, and best not done in the heat of the moment. If you are affected by a neighbour's high hedge it is best to approach them with your grievance directly and work out a settlement to the problem.

A dispute over the position of a boundary, fence or wall is one of the most common causes for a neighbour dispute. The first step to resolving the dispute is to establish exactly where the boundary lies. Your deeds or lease should normally clearly outline the boundaries.

Noise

Noisy neighbours can disturb a person's enjoyment of their home and inconsiderate behaviour can even be detrimental to health.

The assessment of noise nuisance is based on whether it is 'reasonable', bearing in mind the locality, how often noise occurs and how many people are affected.

If the local council thinks the noise is a statutory nuisance, they will serve an abatement notice on the neighbour. An abatement notice will set out what is required of your neighbour. For instance, if the issue is loud music, they may be asked to stop the noise outright, or be asked to just play music between set times.

Find out more about what a council can do about noise disturbances, including noisy neighbours, barking dogs, and noise from transport vehicles.

Environmental nuisances

Environmental nuisances include a wide range of instances where the environment around you has become defaced and damaged. This can include fly-tipping, graffiti, litter, and abandoned vehicles. Find out what the penalties are for committing any of these offences and what you can do if you want to report an incident.

Restrictive covenants

A restrictive covenant is a private agreement between land owners which may restrict the way land may be used and developed. They are enforceable by one landowner against another and effectively allow a form of private planning control.

Anti-social behaviour

Anti-social behaviour (ASB) includes a range of problems: noisy neighbours, abandoned cars, vandalism, graffiti, litter and intimidating groups. It creates an environment where crime can take hold and affect people’s everyday lives. But there are ways for your local authority to tackle the problem. An awareness of these measures will enable you to press for their implementation.

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