Dealing With Nightmare Neighbours

With a little understanding, you can find the perfect blend

By S Hunt, 28th June 2010

We may have the perfect house, but regrettably something we have no control over is who lives next door. Some people appear completely oblivious to the effect that their rowdy behaviour has on those around them while others can cut up rough over the smallest triviality. When personal pride kicks in, an inconsequential squabble can boil over and turn into a full-blown war. However, such conflicts can be prevented from getting out of control if you remain diplomatic and follow sound advice.

Noise

One of the most common complaints about neighbours regards music being played at an excessive volume. The annoyance this can cause, especially if the noise persists for long periods of time, is extremely pervasive and can make enjoying any sort of activity impossible.

Whatever you do, and however infuriating the racket from next door may be, don't lose your temper and resort to violence or abusive language, as it will be you that ultimately comes off worse. A Barry man was recently jailed for 14 months for threatening his neighbour with an axe after becoming agitated by a particularly raucous gathering.

It may seem quite futile when you are dealing with particularly obnoxious or uncivilized neighbours, but you should try to settle the issue amicably if at all possible. Try to discuss the dispute with them - if you are not the only person bothered by your neighbour's actions, try approaching them in a group and they may be more inclined to meet your demands. If you still find yourself too intimidated to do so, you could always try writing a letter expressing your grievances. You may be pleasantly surprised to learn that your neighbour was unaware of the annoyance caused by their antics and agrees to pipe down.

If this door is slammed in your face, either by a rebuttal or complete lack of response, then you can try enlisting a mediator to negotiate with your neighbour on your behalf. Mediators can be found on the ADRNow website.

It is generally best to avoid getting the law involved, due to the unrest and disquiet it can spark in your community. But if you feel you have exhausted all the diplomatic options and have no choice but to invoke the law, you should start gathering evidence and noting down details of the disturbances for future use - your case will be much more convincing when taken to the local authorities if you can provide a log of the length and natures of all the disturbances you have suffered. It is also worth considering contacting the neighbour's landlord if they are a tenant.

The person to contact if there is no cessation of noise is your local authority's Environmental Health Officer (EHO). These professionals can resolve cases of excessive noise by measuring the noise level and establishing whether or not it is acceptable according to their guidelines. If it is concluded that the neighbour is producing an unreasonable level of noise then they have the authority to warn the offender and even confiscate their sound devices. If the EHO can't put an end to the disturbance the local authority can serve a notice on the noisy neighbour which might result in an ASBO if not heeded.

Land

Another commonly-occurring disagreement between neighbours is over land boundaries. These disputes can arise when it is not clear where the divide lies between two properties without consulting the titles or lease documents. Unearthing these documents is the thing to do, as it should give an irrefutable indication of the where the land boundary really is.  However, as these documents can sometimes be outdated due to an amendment, the information is not always correct. Therefore it is preferable to consult a chartered surveyor when seeking to resolve land disputes.  The Royal Institute of Chartered Surveyors offers a find a surveyor service to help you locate a surveyor in your area.

Trees and Hedges

Trees also often provoke rows between neighbours. A civilized neighbour should recognize when their tree is encroaching into your territory and cut it down if they are asked to do so. If the owner refuses then the other neighbour has the right to trim the tree back to the boundary line, provided that the tree has not been granted a tree preservation order.

If a neighbour's tree is causing an imminent danger to your property then you should contact the local authority. If they agree that the tree is dangerous they can take action by imposing a notice on the owner of the hazardous tree. If the owner does not agree then the local authority is authorized to perform the necessary work and recover the costs from the owner of the tree.

Similarly a neighbour's hedge which causes a nuisance can be pruned by the person affected but it is unwise to do so without first consulting a solicitor. If you are bothered by a neighbour's hedge which is at least 2 metres tall then you can contact your local authority who may be able to deal with it for you, however you may be charged and you demonstrate that you have made an effort to resolve the issue with the neighbour first.

Children

It is also common for people to lodge complaints about their neighbours' children. But where children are concerned, a more delicate approach is recommended. If you are simply annoyed by a neighbour's child then legally there is little more you can do than to politely approach your neighbour on the matter.

Technically a child can be sued for damages if they have caused damage to your property and are old enough to acknowledge what they have done, but generally such legal action would not be successful, as courts would not make a financial demand on a child who is unlikely to have the money to pay it. The parents however may be liable to pay damages if they are found to have irresponsibly allowed their child to use a dangerous object over which they don't have sufficient control or maturity to use properly.

Whatever your issue with your neighbour, following sound legal advice should improve your chances of resolving it peacefully. If your problem is not dealt with here you should consult a solicitor who will be able to guide you in the right direction.

For more information, read our free Neighbour Disputes guide.

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