How To Deal With Common Neighbour Disputes

November 3, 2022    Civillawyers
How To Deal With Common Neighbour Disputes

Boundary and critical disputes can not only be challenging but also stressful, and they can occur at any time. But any personal home disputes need to be dealt with rationally, and this is especially when tensions among neighbours can lead to violence.


Though there are no specific guidelines on how to deal with neighbour disputes, there are some steps you can take to help resolve these issues without opting for legal action. In this particular guide, you can learn how to deal with different kinds of neighbour disputes.


Before you know how to deal with neighbour disputes, you must initially look to try and resolve How to Resolve Different Types of Construction Disputes with your neighbour by talking with them. This is considered the easiest way to resolve any kind of dispute. But if it looks like one or both parties cannot stay calm, it is best to write to each other.


You need to consider mediation if the informal discussion does not seem to work. A mediation service can allow a third party to facilitate discussions after hearing both sides of the story. They can recommend you and the other party with appropriate solutions.


What Are Some Common Neighbour Disputes? 

Some common neighbour disputes are as follows:

1. Noise 

This is one of the most common complaints raised by people with time. Noise complaints can differ from a dog’s excessive barking to severe loud music. Some noises cannot be avoided, and they become unbearable with time. The ideal thing to do is to speak informally to your neighbour and ask them to control the noise pollution. You can contact the landlord to deal with the situation if you are a tenant.


2. Trees and hedges

Overhanging trees is another common reason that can lead to neighbour disputes. If a neighbour’s tree overhangs your property, you can ask the tree owner to trim the tree. If the neighbour does not pay attention and do as told, you have the right to trim back the tree to the boundary line.


But if you reside in a conservation area or trees are protected by a tree preservation order, you will require the permission of your local council to cut the trees.


3. Fences, boundaries and driveways 

You might need help from neighbour dispute lawyers for this kind of neighbour dispute. When there is a dispute between the neighbour’s properties, it is important to find out who is in possession of the disputed land. You need to check the property title deeds to find out who owns the land and where the boundary is located for the property.


But boundary lines are not always refined on property deeds, and you may need to get a professional surveyor. There is no duty to erect and maintain any kind of railing or fence around the property. The only exceptions may be when there is a need in the lease or in the title documents of a property next to a road or street that can be hazardous.


4. Shared services 

Sometimes, you will have to share some amenities with your neighbours. This can include shared pipes, drains, gardens, rooftops or flats. Disputes mostly arise over who has the responsibility of keeping the shared amenities clean. Legal documents like title deeds or leases can state who is responsible for maintaining and repairing the shared amenities.


But as shared amenities are not clear most of the time, it is best to share the costs for cleaning and repairs of any shared amenity. A simple solution is to talk to neighbours to solve these disputes informally. A lawyer or local environment department can help settle problems if neighbours do not agree on cleaning and maintaining shared amenities.


5. Party walls 

You may have a shared wall if your property is next to another property. This is called a party wall, and if you or your neighbour looks to carry out work that can affect the party wall, then a party wall notice needs to be served to the affected people.


If you share a good relationship with your neighbour, you may be able to minimise the costs by negotiating a party wall agreement instead of going through the basic party wall notice procedure.


6. Antisocial, abusive or violent neighbours 

You may need the help of neighbour dispute lawyers in this case. Some neighbours that you have may be violent or abusive, which can trouble you. Examples of antisocial behaviour can be anything from verbal abuse, harassment, bullying, intimidation and vandalism.


If you experience any of these problems, you need to know who is responsible for this behaviour. You can opt for mediation if it is a small antisocial issue. You can also look to call the police if your neighbour shows or displays any signs of aggression or violence. This is important for you if your neighbours are discriminating against your religion, gender, sexuality, gender or disability.


7. Adjoining gutters 

It is a general principle that you own the airspace above your land, and if your gutter overhangs your neighbour’s land, you might be trespassing. Even if your neighbours cannot reach them or they do not interfere with their daily use of the land, it is still trespassing.


With regards to an overhang, the following grounds can help legitimise what can be called a trespass. They are as follows:

  1. The deeds to the property provide a right for your neighbours to live there.
  2. If the overhang gutters have been in that place for more than 15 to 20 years, the owner might have got a prescriptive right for them to be there. In some situations, using a neighbour’s land can be acquired by rights via long usage.
  3. If the gutters have been in place for the last 12 years, it is not hard to acquire ownership of the airspace occupied by them. The rules on adverse possession under the Land Registration Act 2002 do not make it likely until the gutters were in place in 1991.


Contact Civil Lawyers Perth WA 


If you have been involved in disputes with your neighbour due to any of the reasons mentioned above, you must know how to deal with neighbour disputes. If you do not know of any other solution, you must hire lawyers from Civil Lawyers Perth, WA. They are a reputed firm that can offer you the best lawyers in the area to help resolve disputes.

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