Your home is meant to be your sanctuary for peace and tranquillity, somewhere that you can feel secure, and retreat to.
However, your retreat can feel more like a prison if you find yourself in the unfortunate position of experiencing conflict with your neighbours. Here is a selection of common neighbour problems and solutions to consider.
Noise
Noisy neighbours are responsible for nearly half of complaints to local authorities, and they are the people you need to turn to if requests for quieter behaviours fall on deaf ears. It is useful to keep a diary to record the disturbances as and when they happen, as the local authorities have extensive powers to combat noise pollution including seizing equipment and serving an injunction to force a restriction on noise. Failure to adhere to the injunction can lead local authorities to prosecute.
Shared Amenities
Quite often properties will share amenities such as drains and pipes between neighbours. The responsibility for maintaining and using shared amenities are usually drawn up in the legal documents from your conveyancing solicitor when you purchased your house. The legal documents may confirm your right as a property owner over your neighbour’s property to undertake repairs. If your neighbour refuses access, you can make an application to the County Court for an Access Order. Do not worry if you cannot see reference to the shared amenity – they are an inferred easement if there has been an unchallenged long and continuous use for 20 years or more.
Problems arise when the shared amenity needs to be repaired, and conflict can arise from neighbours questioning who is responsible for paying for them. In this instance, it is best to agree in advance that the costs will be split between the parties. Reduce the chances of conflict by agreeing that both neighbours must give consent at each stage of repair.
Boundaries
Good fences make good neighbours, or so the saying goes; but what if your neighbour has put up a fence that has included some of your land? The first port of call is back to your legal documents. There should be a plan from the Land Registry that clearly shows the boundary; however, boundaries between properties can differ from those in the title deeds, and this can be due to an agreement or encroachment. If you suspect that either of these have happened, you must seek legal advice if mediation with your neighbour is not forthcoming.
CCTV
More and more people are using CCTV as a precaution against burglars; however, with this increase of cameras has come an increase in the numbers of complaints from people about the inappropriate positioning of the cameras. CCTV cameras on private properties are exempt from the Data Protection Act (DPA), but if the camera covers an area beyond the boundary of the property such as a neighbour’s garden or driveway, the DPA does not apply. If your privacy is being violated you may be protected by the Human Rights Act 1998, the CCTV system could be seen as a source of harassment or voyeurism. Before going down the legal route, approach the neighbour and request that the cameras are adjusted.