Neighbouring Land a Nuisance?
For most of us, living on large estates and being surrounded by neighbours in close proximity on all sides is a way of life. The increasing demand for new housing has meant that back gardens in new developments are smaller bringing your neighbours ever closer to you.
However, the British public as a rule are a tolerant bunch. Despite the restrictions we live successfully and peacefully and the majority of disputes are resolved amicably and happily for all those concerned.
But what can you do when amicable resolution is not possible. Your neighbour's trees may grow tall enough to block out your sunshine; they may alter the environment of your garden causing difficulties to your own plants; they may reduce the amount of light coming through your windows. But it is only when their branches overhang your land, or their roots encroach beneath it, or if so much light is blocked that it kills your plants, that you can take any action to trim them back.
You do not need to give notice that you will do so, provided that you do not trespass on your neighbour's land to do the work. You can even (with the permission of your local authority) trim trees that are the subject of preservation orders.
What if your neighbour's trees are doing actual damage to your property? Banging against your roof when the wind blows; root growth causing ground heave resulting in broken garden walls; roots extracting water from under your building causing subsidence and damage to buildings are some of the examples when you may be able to take legal action. You can seek to either have the roots restrained from encroaching on your land, or possibly to have the tree removed, as well as to recover damages.
You may live next door to a large property that has become disused and is now the subject of redevelopment. Developers are shrewd businessmen, and a few of them have a tendency to build first and ask questions later. You may receive an offer you can't refuse, to have your rickety old fence replaced with a smart new one at the developer's expense. Ensure that the new fence goes up in the same position as the old one it replaces! It has been known for developers to build on land that they don’t actually own. If that land is yours, then the developer or any subsequent neighbour will be encroaching.
Instruct a solicitor and chartered land surveyor to check your title deeds and confirm that your boundaries are in the correct position and have a land survey to accurately record its present position. Then invite the developer to view your surveyor's plan and warn him that your surveyor will be back to check that the new fence or any buildings are in the correct position.
Boundary disputes are very emotive and can become very unpleasant. It is always worth trying to resolve matters directly with your neighbour as you may be living side by side for some years to come. However, do not consider either that you have to be forced to live with your neighbours unlawful activities when it comes to your property. If you would like to receive further advice on the action to be taken staff at Brooker Alexandra Speed would be only too happy to help.
Amanda Perrotton
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