LEGAL
Legal talk Don’t take offence
With Elmhirst Parker Solicitors
How to stop a boundary wall becoming a battle line.
How well do you know your neighbours? It seems that in the modern world we’re not as friendly with the ‘folks next door’ as previous generations were. We possessively guard our domain, carefully marking out our borders and ensuring that nobody encroaches on our ‘personal space’.
Border disputes between neighbours can be some of the most fiercely contested and ugly conflicts in modern society. From someone’s fence being a couple of inches over their boundary to overhanging trees, high hedges, fences or the dreaded Public Footpath across private land, it seems there are a multitude of ways to annoy the neighbours without saying a word. Let’s have a look at the guidelines around border disputes and how to resolve them.
Drawing the line - where are
boundaries recorded? You’ll usually find your property boundaries marked out on your deeds. However, with older properties the lines can get a little blurred over time and it can be difficult to precisely know who owns a hedge, fence or trees between two properties. Walls are often a little easier to determine but even these can be the subject of disputes if there’s no precise indication as to where the original wall should be. Your title plan (which can be accessed for a small fee from government records) may throw a little more light on where a boundary runs, but again this will depend on the age of the property. If your house is an old cottage then there may be very little information as to the exact location of the boundary, unless it’s marked by a stream or other permanent natural feature.
‘‘the The Citizens Advice Bureau can help with mediation services or you can call in a solicitor who specialises in boundary disputes and property law’’
Fences and hedges
These are often the cause of real hostility between warring neighbours, especially if a hedge starts to get out of control. If fences become damaged then there may be justification in asking the owner to repair it, especially if you or the neighbour have dogs who may then get onto the adjacent property and cause damage. There are no real regulations for how high a natural hedge can be but if it starts to shade your property then you may be within your rights to ask your neighbour to have the hedge trimmed to a more manageable level if it is overhanging into your property. Once again, there’s no actual legislation that you can use to enforce this. If a hedge is blocking out your light you can prune it back, but you cannot reduce its height. If you live in a particularly old property then you may find that a hedgerow has legal protection and cannot be trimmed without the express permission of the owner or, in some cases, the local authority. The only way you can justify any form of action is if the lack of care causes damage to your property, such as tree roots growing under your house or buildings.
Sorting the problem out Neighbour disputes over boundaries and overgrown trees fall under civil law, so unless things degenerate so badly that you feel physically threatened then there’s absolutely no
point in calling the police to settle an argument. They will not respond to neighbourly disputes over a boundary argument. The best way to resolve the situation is to talk.
Used Land Rover Defende Viewings by appointment
If emotions are running high and the situation has really escalated out of control then you could make use of a mediator who would talk to both parties and get them around a table. The Citizens Advice Bureau can help with mediation services or you can call in a solicitor who specialises in boundary disputes and property law. They’ll be able to research the boundary and try to find an exact and defining map to show exactly where the line is. If the dispute is due to overhanging trees or out-of-control shrubs they’ll be able to help you with local bylaws and regulations that may influence the outcome.
Remember that no matter what happens, you’re still going to have to find a way to live harmoniously after the dispute is over so mediation is by far the most effective route to tackling a boundary dispute and resolving the situation amicably. Be prepared to cover the costs though as legal disputes over boundaries have been known to last for years. Sometimes it’s easier, quicker and cheaper to sit down over a cup of tea and sort things out peacefully!
*This is not legal advice; it is intended to provide information of general interest about current legal issues.
Elmhirst Lane, Silkstone, B (only 1.5 miles from Jct 37 M1 - Drive and take your first right to Anchor Farm
Tel: 07984 774448 Check out our website for
www.silkstone4x4.co.u
Telephone or e-mail Keith Haggerty for free initial advice • Civil Disputes • Injury Claims • Children and Family Law
• Resitential and Commercial Conveyancing Tel: 01226 282238
17/19 Regent Street, Barnsley, S70 2HP (also in Royston, Selby and Sherburn-in-Elmet)
www.elmhirstparker.com
khaggerty@elmhirstparker.com
aroundtownmagazine.co.uk 65
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 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84
