Over the Fence

You and Your Neighbours

Disputes between neighbours can arise over a number of issues:

• Boundaries and encroachments 
• Fences
• Nuisance and trespass 
• Animals 
• Noise and smell 
• Water and swimming pools 
• Trees and structures 
• Easements and rights of way 
• Landlocked land 
• Use of land or buildings

How to Prevent Neighbourhood Disputes

A dispute between neighbours can upset relationships and lead to discomfort and unhappiness. Although a lawyer can advise you on your rights and remedies, remember it is often best to try to resolve any problem that arises by discussion. Talk to your neighbours about it, and if necessary, write to them, but not in an abusive or unreasonable manner. With goodwill, most disputes between neighbours can be resolved.

Legal Remedies Against Neighbours

There are several legal remedies available in neighbourhood disputes. When the argument is over fences, boundaries or encroachments, the Fencing Act 1978 or the Property Law Act 2007 applies. In cases of private nuisance, the court can grant an injunction (an order directing the nuisance to cease) and award damages.

If the activity is contrary to local bylaws or district or regional plans or other regulations, the local authority concerned has responsibility to prosecute, but you may still need a lawyer’s assistance to pursue your legal rights.