Neighbour Disputes, Trespass & Injunctions
If you are in dispute with your neighbours , perhaps regarding noise, tree roots that have crept into your garden, the encroachment of a neighbour's building or an overhanging tree, you may need help to resolve the problem with practical or legal solutions. The best first step is to try and resolve the problem early on by talking to your neighbour directly. There are some cases however where this approach simply will not work and you find that you need expert legal advice to resolve the situation.
The most common problems experienced by people concerning their homes are inconsiderate behaviour by neighbours, such as excessive noise, and neighbours trespassing on private property. These issues can be very stressful and sometimes result in long and bitter neighbour disputes. Where the nuisance is more than minor and your neighbour's actions are causing you major disturbance there are legal steps we can take to stop to this.
If a dispute arises between neighbours about the boundary between their properties, it is necessary to establish the location of the boundaries and who is responsible for these. The deeds of the property will normally provide these details but occasionally the actual boundary position may have been altered following the construction of an extension or other building. If you have a disagreement about the position of a boundary we can help to settle the dispute based on the property deeds, ordnance survey maps and site measurements.
Trespass: Walls & Fences
In most circumstances your neighbour should not go onto your land without your permission as this is considered trespass. However, in some situations your neighbour may be entitled to access. If a wall or fence has been wrongly built on your land by your neighbour, this too is considered legal trespass and you may be able obtain a court injunction against your neighbour telling him to remove the wall or fence. Although we advise that steps be taken to obtain the injunction prior to when the wall or fence is built because it is easier for the courts to make an order to prohibit the building of a structure then to remove it.
Injunctions are court orders which usually tell a person that they are not allowed to do a certain act, for example not to put up a building, make noise, harass or shout abuse at neighbours. Sometimes an injunction is an order to do something, for example to clear rubbish or to put up a fence. If someone breaks an injunction the court can send him or her to prison. Injunctions may also have a 'power of arrest', which means that the police can arrest the person who breaks the injunction and take them to court.
We know that taking out an injunction is a big step, but our experienced legal team can provide all the essential documentation, advice and support you will need to apply for your injunction quickly and efficiently with the least amount of stress or expense.
This is a complex area of law where expert advice is essential. If you are planning to take court action, or simply want to know what your legal rights are, please contact us to set up a free initial appointment.We are able to offer a fixed fee and offer an initial FREE consultation so that we can have an outline of the work required.