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You have probably seen the documentary-type programmes on television that provide fly on the wall insight into quarrels between neighbours and therefore witnessed quite how heated and out of control such disputes can get.
‘An Englishman’s house is his castle’ and as soon as someone threatens the extent of it, how it is used or interferes with it, then swords are drawn and battle commences. Sadly, these types of dispute seldom end well.
I was involved recently in a case involving a right-of-way over some land and that case, like many, was a perfect example of how landowners can have completely different views over their respective property rights, and will become entrenched and not budge which ultimately results – as it did in the case I was fighting – a trial in the Royal Court.
Pictured: "While winning at trial is clearly important, a really successful result is not going to court at all."
I’m pleased to say I succeeded for my client but nonetheless, it is always an ordeal to have to go to trial. While winning at trial is clearly important, a really successful result is not going to court at all.
So, what is my advice to anyone reading this who has a property dispute with a neighbour? The first question is ‘how reasonable is the neighbour?’ This is a crucial question.
Just because a neighbour disputes the position of a boundary does not mean he or she will become argumentative, petty or wholly disruptive to your enjoyment of your property.
It may be the case that there is a genuine dispute which needs to be resolved and both parties will live with the result, but just need someone to resolve it for them one way or the other. In cases such as that, normally lawyers acting for both parties can meet, look at legal documents and come to a settlement.
Pictured: "If one or both of the parties are going to be unreasonable unless they get their way then things become difficult. In such cases, it is more a task of managing people rather than legal resolution."
At other times (depending) the court may be asked to assist but not in an adversarial contest but purely as a tribunal to determine parties’ rights.
If one or both of the parties are going to be unreasonable unless they get their way then things become difficult. In such cases, it is more a task of managing people rather than legal resolution. No amount of unreasonableness or causing disruption is going to change the legal position of the matter.
That remains constant. Unfortunately, I have seen so many cases when such matters get completely out of control, and it becomes wholly unpleasant. The first step is to nip the matter in the bud to reduce escalation.
While it can be infuriating, I strongly advise when dealing with a difficult neighbour to just submit as much as possible and prevent arguments. While that may be unfair if the law is ‘on your side,’ you have to think of the end game: peaceful, uninterrupted use of your property.
If this doesn’t work, then I’m afraid the prospect of an acceptable result is probably doomed. You will have to get advice and ask your lawyer to make contact with your neighbour and set out what needs to be done to resolve the problem.
Pictured: "While it may seem defeatist, advice I often give to people experiencing these types of dispute is simply, 'sell your house and move.'"
However, as soon as this step is taken, you can almost guarantee the problems you encountered thus far are going to multiply. Unreasonable neighbours will become increasingly petty, and will do all they can to rile you and cause you misery.
It’s at this point you will have to start thinking about serving formal proceedings upon them. This is a last resort. In some situations, the property owner may sit up and pay attention and comply.
In my experience that is rare. It is more likely they will just become more determined and accordingly nothing can be done to settle the matter other than get before a court. While courts may express sadness that matters couldn’t be resolved without a trial, unfortunately, other than perhaps divorce, property disputes are probably the least able to be settled amicably.
If you do go to court, and are successful, you will be able to obtain injunctive relief against your neighbour forcing him or her to do something or refrain from doing something.
This is a useful weapon because a failure by the other party to comply will put them in contempt of court. But you can be sure that relations between you and the neighbour will be beyond repair by now and getting any sort of co-operation on any matter will be wishful thinking.
While it may seem defeatist, advice I often give to people experiencing these types of dispute is simply, “sell your house and move.” I know that may be shocking to read, and it is shocking to my clients when I suggest it, but ultimately the client is wanting peace and quiet and does not want to end up spending masses of money to get it.
An ‘impossible’ neighbour will always be impossible. That is them as a person. My advice is, unless you can be sure court action will resolve everything the way you want, then skip that step, save yourself money and years of grief and just get as far away from your neighbour as you possibly can.
