Property ownership is an emotive subject and what starts as a minor disagreement can quickly escalate into a full-scale battle. Neighbourly disputes make entertaining television viewing, but in reality can be traumatic for all concerned, says RICS.
Disputes between neighbours are wrongly seen as just minor arguments on the line of a domestic boundary or the height of hedges.
However our increasingly dense urban environment means that major construction work will now often be near to what one party believes is his or her land, a party wall, or may lead to very deep excavations near the foundation of a nearby building.
Therefore a home owner may suddenly find they need to understand the implications of advanced construction methods very quickly due to their neighbour’s proposed design.
RICS spokesperson Andrew Thompson, who specialises in neighbourly disputes, says:
"These things both in the commercial and domestic context are all guaranteed to get temperatures rising and legal action can be quick to follow if the parties do not get proper advice at an early stage.
"Threats of court action frequently lead to neighbours taking up entrenched positions rather than establishing a friendly relationship and communication.
"And often the damage doesn’t stop there. The costs involved in taking a dispute to court can be very high. One estimate puts the value of an average 10 foot square piece of land in London at £600.
"But the cost of protecting your right to that land in court could be up to 100 times that much – so it pays to think hard before rushing into legal action".
To help members of the public deal with the issues associated with neighbourly disputes, RICS has produced a series of free guides, outlining what every property owner should know, including:
- Party Walls
- Boundary Disputes
- Right to Light
So faced with a potential dispute, what can you do?
Your first move should be to appoint a specialist to look at all aspects of the problem and advise you whether or not you have a legitimate case.
Chartered surveyors specialising in boundary disputes, party walls and rights to light are the only professional advisers with the relevant knowledge of both property issues and the law.
They are able to examine the problem, prepare technical data that may help resolve the dispute at an early stage and, if necessary, provide a court with the advice needed to make a fair judgement.
Resolving disputes at a glance:
- Talk to your neighbours – many disputes can be resolved by mutual agreement.
- If you have a property-related grievance against your neighbour, take professional advice from a chartered surveyor before seeking legal redress.
- Consider the cost of legal action before going to court – there are other types of dispute resolution to consider first.