Legal News

It is arguable to this day as to whether the maxim, an Englishman’s home is his castle remains true in a legal context. After all in 1760, William Pitt (the Elder) made a famous declaration of this right: "The poorest man may in his cottage bid defiance to all the force of the Crown. It may be frail, its roof may shake, and the wind may blow through it. The rain may enter. The storms may enter. But the king of England may not enter. All his forces dare not cross the threshold of the ruined tenement."

Nevertheless to this day, a homeowner will do everything to protect his or her own home from trespass and nuisance and in that case, William Pit’s statement still rings true. Of course, this article is not mainly focused on the statement made in 1760, but the present time where neighbour disputes are on the rise. Neighbour disputes are often not of high financial value, but it does tend to be one of the most difficult and acrimonious cases to resolve. This tends to be because parties can get entrenched in their position and bring on board an emotional perspective that may affect the ability for the dispute to be resolved effectively.

Neighbour disputes can be categorised into the following:

• Dispute over boundaries: This is a common dispute and the fact that Land Registry title plans record only the general position of property boundaries does not assist in a swift resolution. It is usually the case that one has to refer back to the deeds in order to ascertain the position of the boundary.


• Over-hanging trees and hedges: This is a common problem and can blight a neighbour’s property if the trees and or hedges are not maintained and allowed to grow unchecked. The law is straightforward on this one as long as the tree is not protected by a Tree Preservation Order. The person offended by the overhanging tree and hedges can cut back the part that falls on his land. The difficulty as often is the case, is that the person aggrieved sometimes requires access to his neighbours land in order to cut back the tree or hedges. If the roots of a neighbour’s tree spread into a property, they can be removed using the least damaging method available, unless there is a tree preservation order on it. If a neighbour has to enter the tree owner’s property to do this, they must give reasonable notice. The neighbour may also wish to consult their insurers if there is a possibility that their property may be damaged by the roots. If the roots have already caused damage, the tree owner is liable to pay compensation but it must be shown that the tree owner knew, or ought to have known, of the danger.


• Shared access : Disputes over shared access commonly arise when someone blocks or restricts the right of way when trying to decide who pays for the maintenance of the right of way (repairing the road surface, or clearing vegetation) or when a neighbour wishes to change the route of the right of way when the dominant owner claims to have rights in excess of those granted to him when the servient owner plans development within the right of way or butting up against the right of way when the servient owner gates or fences the right of way.

In any of these circumstances the first step is to check the register or title deeds for evidence of a right of way. If an express right was granted, then check for any limit on its use or extent. If the right of way arose from long use, then check for evidence of the use (both nature and extent) that gave rise to it. The primary remedy for interference with an easement would be an injunction.

Access for repairs

Access to Neighbouring Land Act 1992 (ANLA 1992) gives limited right of access to a neighbour’s garden/land to carry out 'basic preservation works'. Until the ANLA 1992 was passed, adjoining owners had virtually no right to go onto their neighbour's land unless an express easement had been granted, such as a right to maintain drains, pipes and wires.

Noise and nuisance

Noise and nuisance can be among the most difficult and potentially dangerous neighbour disputes. Before considering any private action, consider whether it would be sensible to seek help from local and other authority’s neighbours who make too much noise can be fined up to £5000 or have noisy equipment removed if warnings are ignored from local authorities the police and social landlords can apply for anti-social behaviour orders (ASBOs)

What is the Party Wall Act 1996 and when does it apply?

The Party Wall Act 1996 (PWA 1996) affects any building owner who wishes to:

• Work on existing party walls or structures


• Construct a new wall or structure at or astride the boundary line with an adjoining property, or


• Excavate within three or six metres of an adjoining building or structure (depending on the depth of the works)

The PWA 1996 sets out a process whereby a building owner intending to carry out party wall works is required to serve a notice on any adjoining land owner specifying the works intended to be carried out and the proposed start date of such works.
The process then allows for the adjoining land owner either to serve a positive acknowledgement of the notice, a negative acknowledgement (objecting to the proposed works) or to do nothing. In the latter two scenarios, the next stage of the process is for the dispute resolution mechanism to kick in, whereby surveyor(s) are appointed to survey the proposed works, consider any objections and to make a PWA 1996 award.

The PWA 1996 process provides for security for costs of repair or compensation for damage to property resulting from party wall works. This includes the ability of the adjoining owner to seek security for any costs resulting to him from a building owner's proposed works as well as for the building owner himself to seek costs from the adjoining owner where works are carried out.

Why is it important to settle neighbour disputes?

If you are trying to sell your property you have to complete the sellers property information form (SPIF). The form ask whether the seller knows about any disputes and of course if you have a dispute with your neighbour, you will have to disclose it. The effect of not disclosing a dispute no matter how trivial can be disastrous. In Doe v Skegg [2006] All ER (D) 250 the adult son of the seller's neighbour had created problems by trespassing and harassing the sellers. The seller had considered mentioning the problems, but had decided against doing so since there was no real ' dispute', merely his complaints, and because the problems related only to antisocial behaviour and were not about the property in the way that, for example, a dispute over boundaries would have been. The buyer alleged fraudulent misrepresentation as the seller had answered 'no' to the relevant enquiries before contract.

The claim was allowed. The word ' dispute' covers a situation where one party has threatened legal proceedings against another. The dispute was 'over the property' in that trespass was involved. The answer given had been false. The seller had carefully considered whether to disclose the dispute and had been aware that disclosing it would have been the honest thing to do. He had known that his answers were not truthful, and, in the circumstances, his behaviour had been fraudulent.

How can I fund my neighbour dispute claim?

The starting point is to check your building insurance policy. If you have legal expenses cover, contact us to assist you make enquiries with your insurer to ascertain if your potential claim would be covered. In the event that you are not covered or do not have legal expenses cover as part of your building insurance policy, we can assist you on a private paying basis.

Author Anthony Okumah is a Director and Head of the Duncan Lewis Civil Litigation and Dispute Resolution Department. He specialises in dispute resolution (litigation, arbitration or mediation), professional negligence claims predominantly against solicitors, debt recovery; insolvency; contractual disputes, leasehold disputes and contentious probate cases. Anthony also has an in-depth experience of boundary and neighbourhood dispute cases and additionally he regularly conducts his own advocacy in both the County Court and the High Court which allows him to represent his clients throughout their retainer.

Duncan Lewis is one of the leading solicitors in England and Wales offering expert litigation and alternative dispute resolution services. Duncan Lewis has acknowledged expertise in advising corporate clients on litigation matters – as well as advising private individuals in cases where litigation might be an option. If you require further assistance on this subject or any other property related litigation matter, please contact our litigation team on 03337720409.