NEIGHBORS can be challenging at times, especially if yours tend to do things you don’t agree with.
They can a fence on what you think your land is, build an extension that spoils your view, or install a terrace that directly overlooks your garden.
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But there are cases where, even if they do something really annoying, there’s not much you can do about it.
Lawyer Vanessa Joll, specialized in… resolve disputes between neighborssaid the main cause of most quarrels between people living next door to each other was where the property boundaries actually are.
“I think it’s fair to say that neighbors arguing is common anyway,” she said.
“But one of the main points of contention is the fact that the Land Registry does not record the exact position of the boundaries between properties.”
This means that unless there is a specific notation on your title deed that the position of the border If you are in a particular spot, just work from a general position.
“This often leads to disputes, as the evidence on the ground tends to suggest that boundaries are in a certain placeor people make assumptions over the years based on what they heard from the person they bought the house from, or a previous neighbor.”
However, there are situations where you simply can’t do much about your neighbor’s decisions. Here are some.
If something has already been built
Your neighbor may be building extension that you think affects your light or view.
But the time to object is early, said Vanessa.
“By the time the work has started, you will be in a difficult position as a neighbor as you have to decide whether to apply for a ban. [to stop the work] very quickly,” she said.
“That process alone is very expensive, and it sets in motion a very expensive legal process if both parties get involved.
“If you don’t, and they go on with the… construction work then it is very difficult to get that part of the building afterwards changed.”
Maybe you don’t even have a case, she said.
“You have to spend quite a bit of time and money to even understand where your property is limits before you even know if you are right to challenge construction work.”
When they build something legit
below permitted development rightsit is possible to extend your home up to four meters at the rear without having to apply for a building permit or consult your neighbours.
So if your neighbors want it, you can.
In the same way they can put up a fenceas long as it’s on their land, although it’s probably subject to a height restriction depending on where you live and what your local council’s rules are.
But Vanessa’s advice is always to try and talk to your neighbors if you think there might be a problem.
“Try to reach an agreement because whatever that agreement is, even if you are not 100% satisfied with it, it will always be better and cheaper than fight about it later,” she said.
She added that even if an extension has a building permit, it doesn’t mean that the planning authority that gave the permission the . has checked boundaries of the property.
“That’s a common misconception,” she said.
So it’s worth talking to your neighbors and finding out exactly what they’re up to and where, so you don’t get any surprises later on.
If it’s annoying, but not illegal
You may think you can object to your neighbors putting something in their yard that is bothering you.
“Something that comes up a lot at the moment is pizza ovensbecause of all the smoke they create,” said Vanessa.
Other examples include hot tubs or a raised deck that overlooks you.
You could try suing them on the grounds that their behavior is negatively impacting you.
“Your remedy for that would be to request an injunction to have it removed, or a claim for” injury‘ said Vanessa.
“In most cases, injury would be considered an adequate remedy by the court.”
But, she said, it’s probably not worth pursuing.
“Often the problem is that the damage is not that great. So actually the cost of filing the claim and what you get back, especially if you take into account that your costs are not recoverable, is not worth it.”
In all these situations, Vanessa’s advice is the same: Talk to your neighbor early and try to agree on a solution that works for both of you.
“My advice to people in those situations is to be very practical in the whole and to look for measures to reduce the nuisance themselves.
“That might be an attempt to put up a higher fence, or move the location of the thing that’s causing a problem,” she said.
“I think by the time you are talk to lawyers often it has already gone too far.”