04 November 2008
From overgrown hedges to arguments over 'right to roam' footpaths, these days neighbourly discord is much more likely to end up in court than be settled by a quiet chat on a Sunday afternoon.
The wide range of legislation means that trying to keep track of the rules and regulations which may affect your property is harder than ever. After all, who would have thought that the Anti-social Behaviour Act 2003 could be invoked to make you cut down a high hedge if your neighbour complains?
With this in mind, Nick Hallchurch, residential property litigation expert at leading Thames Valley law firm B P Collins, says doing your research is essential.
"There's a very traditional view that an Englishman's home is his castle, but that's not always the case," he said. "For example, there are a whole host of reasons why someone may be perfectly entitled by law to gain access to your land and there’s nothing you can do about it.
"In situations such as these forewarned is forearmed, so it pays to check the fine print in your property deeds and, if necessary, seek legal advice on how it may affect you."
Pop star Madonna became a classic example of this when she appealed to the Planning Inspectorate after The Countryside Agency classified part of her Wiltshire country estate as “downland”, giving the public the right to access.
The Rights of Way Act states that the public can walk across any land appearing on the final map as open country – mountain, moor, heath or down – or registered common land.
Madonna's legal team claimed the land had been wrongly classified and she was partly successful when the Planning Inspectorate ruled that the public would not have access to more than half the land.
"Although not everyone may have a footpath running through their garden, it's entirely possible there may be provision under the Access to Neighbouring Land Act for someone to come onto your property to repair or maintain any pipes, wires or cables which cross your land," said Nick.
Many disputes are centred around the grounds of a property; shared driveways, invading tree roots and giant Leylandii hedges are among the 'hazards' which have seen neighbours resort to legal action in recent years.
In some cases these have developed simply because one party feels another is taking advantage, perhaps by suddenly starting to use a shared access way for heavy vehicles with inevitable consequences on wear and tear; while in others, hedges that were planted 30 years ago have eventually become a major eyesore for local residents.
At one time, a relatively easy option to leave a dispute behind was to sell the property and move away. Today though, with house sales at a 30-year low, that’s not so easy, which is another reason why it pays to know your rights and make friends rather than enemies with the family next door.
Staying put can also be an excuse to extend a property, but here again legislation can prove an unexpected hurdle, particularly within the home counties, as many larger properties have restrictive covenants within their deeds. Usually imposed by a previous owner, these are designed to prevent or restrict any future building work with the aim of protecting any adjoining land and can prove a major blow to your plans.
Hallchurch continued: "If your property has a restrictive covenant, then you really need to be aware of it. It may be that by sympathetic and careful planning there is still opportunity to develop the property, or it may be possible to revisit the original terms and conditions of the covenant to see if there is room for manoeuvre.
"All these examples demonstrate the value of taking time to understand the "do's and don'ts" associated with your home. Do look around you, consider the possible trigger points which could cause a neighbourly dispute and don’t assume that because something has been in place for several years it is guaranteed under the law. You may be in for a surprise."
If the thought of a court case doesn't appeal and a neighbourly word over the fence hasn't worked either, then independent mediation – something which is also offered by the B P Collins team – can provide a fruitful and constructive way forward. If you would like to speak to one of B P Collins' residential property litigation experts, please call 01753 279035 or email disputes@bpcollins.co.uk. |
