Dispute resolution lawyers in Wimbledon, South West London, Epsom and Surrey
Property, party wall and boundary disputes
Disputes with a neighbour are unfortunately all too common and always stressful for the people involved. Due to the nature of these disputes, they need to be handled with care and sensitivity. It is worth bearing in mind that regardless of outcome, you will still be next door neighbours. Common disputes include those relating to boundaries, easements and party walls.
Legal advice at an early stage, particularly on the alternatives to court proceedings, is highly recommended to avoid the cost and stress of litigation.
Neighbour disputes
With considerable experience in neighbour disputes, we know these need to be handled with particular care:
- Invariably the dispute has a relationship at its core. Resolving a particular dispute yet damaging a relationship beyond repair can be an own-goal and will usually lead to issues arising in the future.
- Should a neighbour dispute be unresolved, it would have to be disclosed to any potential purchaser in a sale and could affect the marketability of any properties involved.
- By its nature, a neighbour dispute will inevitably affect your home and family life.
Boundary disputes
Boundary disputes can become very contentious, even if only over a foot of land. As specialists in dealing with boundary disputes, we know from experience that they can be particularly tricky to resolve.
Legal boundaries can be fickle things. There is usually more to it than simply looking at the line shown on a title plan and the matters in dispute often extend to issues over trespass, rights of way and adverse possession.
Getting detailed legal advice (and, in certain circumstances, the input of a boundary surveyor) at an early stage will enable you to carry out a proper cost risk analysis and minimise the chances of you ending up in litigation.
Noise and nuisance complaints
Nuisance claims can arise a someone’s conduct adversely affects quiet enjoyment by their neighbour of their land. The issue could arise in relation to noise, mechanical vibration say from building works, smoke or fumes, water ingress or light pollution. Similarly, disputes often arise in relation to high hedges and trees, subsidence and loss of light.
Depending on the type of nuisance, there are different approaches and remedies open to the suffering party which we regularly advise on. As ever in disputes: where there is a nuisance, swift action is essential. Our expert team can help.
Starting by carrying out a full search for relevant documents is essential. In determining the position of a particular boundary, the court will start its analysis with the ‘separating conveyance’ that is, the transfer that created the boundary in question. Depending on the age of the property that may be an old document, however it is often one that is held by clients with their deeds or is obtainable through the Land Registry.
A party wall is a wall that is shared by adjoining neighbours – or parties. Issues relating to party walls when someone builds an extension, converts a loft or carries out work to an existing structure, can be particularly troublesome. Provided it is followed, the Party Wall Act 1996 sets out a framework for resolving such disputes and it is important to navigate the Act correctly and get the right advice early on to avoid escalating costs and expense.
The main aim of the Party Wall Act 1996 is to protect the interests of ‘Adjoining Owners’, that is the neighbours of those carrying out certain building works. If the Act is followed (a big if!), the Adjoining Owner will be put on notice of the works in advance and be entitled at their neighbour’s expense to appoint a surveyor (either shared or their own) to ensure that their property and their interests generally are protected during the works.
If the process is properly followed, it will be surveyor-led and it should not be necessary to involve solicitors.
Problems arise where the proper process is not followed.
If notifiable building works start without proper consideration by a party wall surveyor or surveyors, suitable safeguarding steps may not have been required and other practical steps such as the taking of a schedule of condition at the outset which would allow any damage caused by the subsequent works to be identified.
You have a choice when served with a Party Wall Notice (PWN) over whether to appoint the surveyor proposed by your neighbour, or whether to appoint your own. It is often worthwhile instructing a separate party wall surveyor of your own. They will then work with your neighbour’s surveyor to draw up “an Award” which should set out everything about the works to ensure your interests are properly protected. The costs of appointing your own surveyor and producing the Award will be borne by your neighbour.
Succeeding in a claim against a neighbour while destroying the relationship with them in the process can be an own goal and lead to further issues in the future. Once the relationship is broken, there will be endless opportunities to fall out again over noise, bins, pets, you name it.
Often clients want us to advise on matters behind the scenes in the first instance so that their neighbour does not receive correspondence from lawyers which might be seen as escalatory. Equally before taking forward any formal litigation, we always advise clients to engage in alternative means of resolving matters such as mediation, adjudication or, where appropriate, direct negotiations.
Property and boundary disputes can be both upsetting and stressful. Our lawyers are highly experienced and here to help support you as you seek a solution. To speak to a specialist dispute resolution solicitor about property and boundary matters, please contact us.
If you require advice in relation to a potential or actual dispute, please get in touch.
- Tel: 020 8944 5290
- Email: [email protected]