Residential Property Disputes
The property litigation team at Patron Law, have extensive experience in dealing with all aspects of property litigation.
Neighbour disputes can arise for several reasons, but usually in the context of boundary disputes. When left unresolved, they can escalate quickly and cause neighbours to feel incredibly frustrated. It is important that you try to resolve the matter as soon as possible, and Patron Law can help.
Our experts at Patron Law can help you with a variety of issues:
- Anti-social behaviour
- Disagreements over boundaries
- Disputes over fences/hedges
- Disputes over shared maintenance
- Easements
- Issues regarding shared access
- Noisy neighbours
- Party wall disputes
- Rights of way
- Trespass
No matter what type of neighbour dispute you are faced with, we are here to help you.
How can we help you?
The above list is not exhaustive, and we are here to help you with a variety of disputes, in a number of ways.
We would always recommend that you try to speak with your neighbour in the first instance if you have not done so already. Alternatively, you may wish to set out your concerns in an email or a letter to them and give them an opportunity to respond.
Where the dispute involves a boundary dispute, you may wish to check the deeds. Sometimes, by checking the relevant deeds, you may be able to see if there was ever an easement registered at Land Registry, which explains a right of way. In some instances, there may be a restrictive covenant which prevents a party from carrying out a certain action, such as prohibiting the use of a property for business purposes. If it is obvious from the deeds what the legal position is, then we will advise you accordingly.
On some occasions, we can assist you by reviewing the Land Registry documents, which usually includes reviewing the relevant plans and titles. It should be noted however, that Land Registry plans do not always provide measurements of boundaries/properties, and as such it is not always possible to establish a boundary using this method.
Where initial investigations and discussions have been exhausted, we can help you by taking a more formal approach. Litigation is not always necessary, and we may recommend other ways to attempt to settle the matter.
What other options are available to me?
Before litigation can be considered, you may wish to think about one of the following four options:
- Mediation
- Binding evaluation by an expert
- Non-binding evaluation by an expert
- Following the pre-action protocol for boundary disputes
- Mediation involves the use of a neutral third party to facilitate a discussion between both sides, with the main aim being negotiation with a view to settlement. The goal is to find practical solutions, and it is therefore often beneficial if a discussion takes place at the land/property in question. Mediators charge a fee for the discussion, and we can obtain a quote for you upon request.
- Binding evaluations involve the parties reaching an agreement by way of a contract. This is often dealt with a lawyer or surveyor who is an independent third party.
- Non-binding evaluations involve the relevant lawyer or surveyor giving their views as to the outcome if the matter were to be litigated, however there is no binding agreement at the conclusion.
- The Pre-Action Protocol for Boundary Disputes applies where neighbours are in dispute about the location of a boundary. Where less formal options have been exhausted and failed, then the Court would expect both parties to have tried to resolve the matter by way of some constructive exchanges of information/discussions. The Protocol provides a clear process which should help to avoid unnecessarily high costs and also to help reduce the costs in disputes.
Our team has decades of experience in dealing with neighbour disputes. We can help you with every step along the way.
How to Get in Contact
alexander.zivancevic@patronlaw.co.uk for more information.
