Resolving a neighbour dispute when allegations of trespass, nuisance, or harassment are made.
When a neighbour dispute arises, the law offers various remedies to protect your property rights, as well as your peace and enjoyment of your own home. In this legal guide to resolving a neighbour dispute, civil litigation solicitor Zoe Harker-Smith looks at your options:
Common ’causes of action’ in a neighbour dispute
Neighbour disputes can give rise to several different ’causes of action’ in English law.
Trespass
Trespass occurs when someone enters or interferes with your land without your permission. You do not need to prove intention, as simply being on your land without permission is enough. Nor do you need to prove loss or damage. Trespass is not limited to physically entering the land and includes walking on your driveway, moving items onto your land, or cutting back trees on your property.
Nuisance
Nuisance (or more properly ‘private nuisance’) happens when your neighbour’s actions interfere with your use or enjoyment of your land. This could include overhanging trees dropping debris or roots damaging foundations, excessive noise – such as barking dogs, strong smells, smoke or fumes drifting on to your property, or cameras that make you feel constantly watched or fearful. The interference must be substantial and unreasonable, and not limited to a one-off event.
Harassment
Under the Protection from Harassment Act 1997 harassment is defined as a course of conduct which is deliberately intended to cause fear, alarm, or distress. In neighbour disputes, harassment can include persistent filming, threats and verbal abuse, throwing objects, sending hostile messages, loitering near your home in a way that feels threatening, damaging your property, or deliberately creating excessive noise. Such behaviour can strip away the sense of safety and privacy that every person should enjoy in their own home, and the law treats this as a serious violation of your legal rights.
Legal remedies available in a neighbour dispute
Injunctions
A court can grant an injunction to prevent the behaviour continuing. Breaching an injunction amounts to ‘contempt of court’ and can lead to fines or imprisonment, making it an effective remedy.
Damages
You can also claim damages for loss of enjoyment, emotional distress, and in harassment cases, injury to feelings, or even psychiatric harm if the circumstances have affected your underlying health.
Declarations
The court can make a ‘declaration’ about, for instance, the position of a disputed boundary, or your entitlement to a particular right, such as a right of way.
Alternative methods of resolving a neighbour dispute
In the most entrenched neighbour disputes, it may not be possible to avoid a fully contested court hearing to resolve the legal issues. However, not only can this prolong the dispute – and associated stress – but it can also be very expensive. There are alternatives, however, and one of the most popular options is mediation. Mediation is not only quicker and less costly, but it also allows both sides to reach an agreement on their own terms.
Sending a Cease and Desist letter in cases of harassment
Sending a formal solicitor-written Cease and Desist letter can be very effective in putting an end to harassment. The cost of drafting and sending a Cease and desist letter starts at £750 plus VAT.
Legal expenses insurance funding for a neighbour dispute
Most parties to a neighbour dispute will need to fund their legal costs privately. However, many homeowners have legal expenses insurance attached to their household insurance policy, which may cover legal costs if a dispute arises; so it is always worth checking.
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Contact a member of our team of SRA regulated solicitors for a free review of your case and the options available.
