Flat-Living.co.uk Neighbour disputes
Neighbour disputes
Neighbour disputes when they arise can be some of the most acrimonious (and expensive) type of legal proceedings, writes Mark Chick of Bishop & Sewell LLP.
Needless to say neighbour disputes are of course best avoided. Sometimes a little planning and preparation before undertaking a course of action (for instance carrying out works, or even having a party or an event) can pay dividends in avoiding future difficulties.
From the legal point of view disputes often arise out of the following:- such as leases)
meanings) to other property
Sometimes with careful legal preparation these problems can be avoided. For instance, if there appear to be legal problems with rights concerning the property the first port of call must be the title documents to ascertain what the position is. If the position is unclear then sometimes an application for a declaration as to the extent
of the relevant rights from the court may be a more cost effective solution than waiting for problems to arise and then dealing with these over time, in a way that ultimately leads to proceedings. Similarly, with leasehold properties lots of the problems that arise in practice could be avoided by a careful reading of the lease itself and making applications for permissions early on, or by investigating fully the extent of the available rights. Even with freehold properties there can be restrictive covenants on the title, which may prevent certain types of activity or development. Investigating the enforceability of these first can save certain headaches later on. After all no-one wants to demolish or reduce the size of an extension or addition to their property after it has been built. The above of course says nothing of breaches of the myriad
statutory constraints applicable to works e.g. planning permissions, building regulations consents, noise control, electrical and gas safety, listed buildings and conservation areas. Of course sometimes disputes cannot be avoided and in ‘emergency’ cases e.g. unauthorised works or persistent breaches of the legal rights that you are entitled to as a property owner forceful measures (such as injunctions) may be required. Likewise a proportionate but firm response to any actions, which are causing problems will usually pay dividends in the longer term, particularly where the costs of proceedings themselves will later be an issue. Similarly, if mediation (or sometimes a free dispute resolution process) is appropriate this too needs to be considered.
24
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52