Property Dispute – Everybody needs good neighbours!

Property Dispute

A property dispute is more common than most think.  We often receive calls from people who want to sell their house fast due to being at the end of their tether with an ongoing neighbour dispute.

Here are a list of some of the most common neighbour disputes we hear about at Quick Move Now;

Property Dispute #1
Need to Access my Neighbours Land in order to Carry out Repairs to my Property

From time to time you may need to carry out repairs to your property and depending on those repairs you may need to access your neighbouring property or land to do so. In the majority of circumstances, accessing your neighbour’s property shouldn’t be an issue; however in some situations that consent is not granted by your neighbour, thus, a neighbour dispute can arise!

Sometimes there might be a legal right of entry specifically for repairs; these will be found in the property deeds. If this legality does exist but your neighbours are still denying you access you can apply to the court for an access order allowing you entry to your neighbours land to carry out repairs.

Property Dispute #2
Shared Amenities

In some situations, amenities can be shared between two or more properties, these types of amenities can include; drain and pipes, drives and flat roofs on flats. Any shared amenities are usually highlighted on your property deeds.

Property Dispute #3
Repairs to Shared Amenities

If a repair is required to a shared amenity, the first step is to find out who is responsible. If this information isn’t clear, it’s probably best to seek legal advice. In most circumstances the cost of any repairs will be split equally between the property owners.

Depending on the nature of the repair, it is probably best to employee an architect or surveyor to inspect and report on the required repairs and then source a few quotes to carry out the repairs. It is essential that at each stage the household/person initiating these repairs has full consent from all other parties responsible with regards to cost before the repair work can be started.

Property Dispute #4
Boundaries and Ownership

If a dispute arises between neighbours about the boundaries between their properties, the first thing to check is who owns the land being disputed. Again this information should be found in the property deeds. This type of dispute most commonly happens when boundaries have been changed by encroachment.

If you have an ongoing dispute of this nature, RICS (Royal Institution of Chartered Surveyors), operate a boundary dispute helpline 024 7686 8555 where you can get a free 30 minute call to gain some advice. This is the most common dispute we hear about at Quick Move Now!

Property Dispute #5
Erecting Walls and Fences

By law, as a property owner you don’t have to erect any type of barrier around your property unless the property is on a main road and may cause danger or there is a specific clause in the title deeds

Property Dispute #6
Repair of Barrier / Replacing Fencing

Disagreements over fencing is also another popular dispute we hear about at Quick Move Now on a regular basis. We recently bought a property that had an ongoing dispute over fence repairs.

In order to sell the property we needed to ensure repair work to the fence was completed, however the neighbour believed the fence was his (even through the deeds said otherwise) and was refusing to allow us access. In the end, we resolved the issue by erecting another fence on our land (double fencing).

If you are unsure as to who is responsible for the repair/erection of a neighbouring fence, this information is available on the deeds.

Property Dispute #7
Top Tips on How to Deal with a Dispute

If you are experiencing a neighbour dispute, we strongly recommend that you try and resolve this as amicably and quickly as possible. Most disputes can quickly escalate if they’re not dealt with in a mature manner from the start.

Unfortunately, some ongoing disputes can turn in to a full blown neighbourhood war. If disputes do get to this stage it can become very difficult to rectify and you may even need to seek legal advice.

This content was written by Quick Move Now
Published on 17th April 2015
Last updated on 3rd September 2018


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