A property lawyer has shared key recommendation on widespread neighbour disputes, explaining how title deeds can reveal fence possession and what you’ll be able to and can’t do in your backyard
It might trigger drama (Picture: Maksim Safaniuk through Getty Photographs)
Many people are lucky sufficient to be on good phrases with our neighbours, resolving points amicably and giving them honest warning if we’re planning any backyard work that may have an effect on them. Nevertheless, issues do not all the time run easily and disputes can emerge, creating friction between these residing aspect by aspect.
Whether or not it is a disagreement over a fence, an overhanging tree or a newly erected shed, it may be troublesome to ascertain who’s in the proper. With this in thoughts, a property lawyer has set out what neighbours can and can’t do of their gardens, addressing among the commonest sources of battle.
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Who owns the fence between neighbours?
Kate Fowler, senior affiliate solicitor at legislation agency BRM, advised Platinum Spas: “Plans hooked up to title deeds generally embody a “T” mark to indicate who owns a boundary construction or is chargeable for repairing and sustaining it. If the “T” mark factors inwards onto your land, it often implies that the accountability is yours. This ought to be confirmed within the physique of the related title deed.
“If the deeds are unclear as to who owns a boundary characteristic, there is no such thing as a authorized presumption that determines possession. As a substitute, it could be essential to have a look at different proof. For instance, info supplied on buy of the property, information as to who erected the boundary characteristic, or any long-standing settlement between neighbours.
Kate Fowler (Picture: BRM/Platinum Spas)
“The place possession or the accountability for upkeep stays unclear, and the fence is on the boundary line, the events could resolve that the characteristic is a shared boundary. On this case, repairs or alternative ought to be agreed collectively, with prices shared. Additionally it is potential to formalise preparations via a boundary settlement, which will be registered at HM Land Registry.
“In case your neighbour is chargeable for restore and upkeep of a fence, however refuses to take action, a solicitor can help you by figuring out whether or not you might have a contractual declare for damages, or a possible declare in personal nuisance, relying on the info.”
Kate added: “A property proprietor can in the reduction of branches that overhang onto their land, however solely as much as the boundary line. Any cuttings ought to be supplied again to the proprietor.
“This proper is topic to necessary constraints. For instance, works could require consent if the tree is protected (e.g. by a Tree Preservation Order), and legal responsibility could come up if chopping causes injury or the tree is harmed.”
Can neighbours forestall you from establishing constructions that overlook their backyard?
Kate continued: “Merely being missed by a neighbour, for instance, via home windows, balconies, or raised constructions, is just not often thought-about an actionable personal nuisance, particularly if they’re utilizing their property fairly. Neighbours typically can’t be stopped from putting in such options simply because they overlook your land, so long as any essential planning permission has been obtained (which can, in itself, have thought-about points referring to overlooking).”
When backyard noise or behaviour turns into a authorized situation
Kate stated: “Points equivalent to extreme noise, smoke, and injury brought on by encroaching tree roots or overhanging branches could give rise to a declare the place they trigger direct injury to the land, or intrude together with your enjoyment of your land. The injury or interference have to be substantial or unreasonable. Finally, this shall be for the court docket to find out, and can contain a consideration of numerous various factors together with location, time of prevalence, period and frequency.
“Entry to a neighbour’s land is usually restricted, besides the place there may be an categorical or implied proper of approach, a prescriptive easement or statutory exceptions, equivalent to underneath the Entry to Neighbouring Land Act 1992.”
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