Neighbour Disputes

It is not possible to provide a standard set of guidelines for dealing with every neighbour problem. This is because the problems are so varied and the solution to any particular dispute will depend on the individual circumstances of the case.


This is a complex area of the law and requires expert advice. Please contact us on 0203 131 8548 or info@roselegal.co.uk to discuss the best way forward for you and we will provide you with further and specific advice tailored to your circumstances.


Our experienced and understanding team are here to help you. We will work with you to ensure the best possible outcome. Below we will try to deal with some of the main issues:


Common neighbour disputes


Access to a neighbour’s land for repairs

If you want to carry out repairs to property or land you may need to have access to your neighbouring property or land in order to carry out these repairs.

There may be a right of entry specifically for the purposes of inspection or repair in the property’s legal documents. If there is no such right, or no agreement can be reached, the law allows you as the person wishing to carry out repairs to apply to the county court for an access order allowing you to enter your neighbour’s land to carry out the repairs. There is a fee for the application.

If you wish to apply for an access order you should consult us on


Amenities which are shared

Who is responsible

There may be amenities shared between two or more properties, for example, drains and pipes, shared drives or the roof of a block of flats. Responsibility for maintaining them and rights to use them, for example, putting up an aerial on a shared chimney, are usually outlined in the property’s legal documents.


The legal documents may give you as a property owner rights over your neighbour’s property. Sometimes they are not included in the legal documents but have arisen out of long, continuous and unchallenged use (usually 20 years). A right to use, for example, a pipe through a neighbour’s property implies a right to go on that neighbour’s property to undertake repairs, although any damage incurred to that property must be made good. If access is refused, an application can be made to a county court for an access order - see above.


Repairs

Where there is a shared amenity which is in need of repair the first step is to find out who is responsible for repairs. However, the legal documents may not always provide clear evidence and, in this case, it is probably best to settle in advance that the costs will be shared between owners.

The next stage will probably be to get a surveyor or architect to inspect and report on the part of the property requiring repairs. Estimates will have to be sought and finally a contract made with builders. It is essential that at each stage when a cost is incurred the household initiating the repairs has the consent of the other parties responsible.


If some or all of the property involved is rented, the landlord may be liable for repairs.

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