The Top 5 Most Common Property Disputes and Resolutions

2 October 2024

Often, having close neighbours creates a warm and friendly community that you can feel a part of. But it can also lead to challenges, especially when it comes to property disputes. Knowing how to address these issues is essential for maintaining the peace. Read on to discover some of the most common property disputes and our advice on how to resolve them.

Boundary Disputes

Boundary disputes are among the most frequent property conflicts. Often, disagreements occur when property lines are unclear, leading to conflict over who owns certain parts of land. Checking property deeds or consulting a land registry is a good starting point. Alternatively, bringing in a surveyor can help establish ownership and take legal action if an agreement is not reached.

Party Wall Disputes

Party wall disputes often create property disputes, especially when shared structures, like walls or fences, need repair work. Under the Party Wall Act 1996, property owners must serve a notice if they plan to make any changes to a shared structure. 

If neighbours disagree, chartered surveyors are often brought in to help mediate the situation, providing dispute advice to all parties involved. Failure to comply with this act can lead to further legal consequences, so seeking expert advice is essential.

Overhanging Trees

Overhanging trees can also cause upset between neighbours. If tree branches from one property hang into another, it is legally considered a trespass. If possible, politely ask your neighbour to cut back any overhanging branches to resolve the issue amicably. However, if the neighbour refuses, UK law allows the affected neighbour to trim the branches back to the boundary line so long as they don’t enter the neighbour’s property without permission.

Noisy Neighbours

Excessive noise is a common form of nuisance and one of the toughest to deal with. When neighbours regularly play loud music or have dogs that bark persistently, it can have a significant impact on your quality of life. The first step should be to communicate directly with the neighbour. If the problem persists, you can contact the local council, who will issue a noise abatement order.

Obstructed Rights of Way

A blocked right of way can be a considerable problem when it prevents homeowners from accessing their property. As these paths should remain clear, blocking them constitutes an infringement of property rights. If a neighbour is obstructing your right of way, first try to resolve the matter directly by indicating where the boundaries of your right of way lie. Should that fail, dispute advice may resolve the issue.

Seeking Dispute Advice

When dealing with complex property issues, like boundary or party wall matters, it’s often best to seek professional dispute advice. Chartered surveyors can help mediate property disputes, ensuring both parties' interests are protected.

At Simon Levy Associates, we offer expert guidance on all types of property disputes, helping clients navigate difficult situations with confidence. If you are seeking advice about a property dispute in Borehamwood or Greater London, get in touch with our chartered surveyors today.

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