What is Nuisance and trespass of a property?
Neighbouring properties can often become tangled in disputes over land, for example if a wall or tree roots encroach onto one another’s property or when there is excessive noise coming from one property. These types of disputes are described as a trespass or a nuisance.
Nuisances are separated into two categories by law, private and public nuisances. A private nuisance would describe something that a person does on their own land that they are otherwise entitled to do but to an extent where it interferes with the neighbour’s enjoyment of their property. A public nuisance describes something that endangers the life, property, health, morals or comfort of the public.
Trespass on the other hand is described as the unlawful occupation of land by a person other than the owner of the land. Squatting can be a trespass, but so could a neighbour building a wall on land that is owned by their neighbour, or encroaches into the neighbours airspace.
JMR Solicitors can help to apply to the Court for an injunction to prevent trespass or nuisances from continuing and causing further stress or harm. We can also help to claim damages to compensate for any stress and harm that has already been caused.
What is a Property Boundary dispute?
Boundary disputes where one neighbour argues over the position of boundary lines are not uncommon. The law in this area is complex and difficult to interpret, therefore it is vital to seek expert legal advice before pursuing any further action.
It can often be the case that an expert surveyor will be called in to examine the title deeds, old photographs and witness evidence to determine the boundaries of your property. However, it is not uncommon for your neighbour to find a competing surveyor who disagrees with this evidence.
Complication such as this can prevent a definitive answer, especially if the boundary has been moved over the years or if physical features such as walls, fences or hedges have been introduced or changed.
If you are involved in, or suspect that you may soon become involved in a boundary dispute, it is advised that you seek legal assistance from the outset to prevent any unnecessary costs and delays in reaching an agreement.
What is Adverse Possession and How Does it Affect Property Boundary Disputes?
Adverse possession, commonly known as squatter’s rights, occurs when someone occupies land without the permission of the legal owner for a certain period. In some cases, adverse possession can lead to a change in ownership if certain conditions are met. Understanding the implications of adverse possession is crucial in property boundary disputes, as it can affect the legal boundaries of properties and lead to disputes between neighbouring landowners.
What Legal Remedies are Available in Property Boundary Disputes?
In property boundary disputes, various legal remedies may be available to resolve the issue. These can include seeking a declaration from the court to determine the true boundary line, obtaining an injunction to prevent further encroachment or interference, or pursuing damages for any losses incurred because of the dispute. The appropriate remedy will depend on the specific circumstances of the case and the desired outcome of the parties involved.
How Can Mediation Help in Resolving Property Boundary Disputes?
Mediation is a voluntary and confidential process where an impartial mediator facilitates communication and negotiation between parties to reach a mutually acceptable resolution. In property boundary disputes, mediation can be an effective alternative to litigation, allowing parties to discuss their concerns, explore potential solutions, and maintain control over the outcome. Mediation can often lead to quicker and more cost-effective resolutions compared to court proceedings.
What Should I Do if My Neighbour is Encroaching on My Property?
If you believe your neighbour is encroaching on your property, it’s essential to address the issue promptly to prevent further disputes or damage. Document the encroachment with photographs and gather any relevant evidence, such as property surveys or title deeds. Then, consider discussing the matter with your neighbour in a calm and respectful manner to try to resolve the issue amicably. If informal discussions fail, seeking legal advice can help you understand your rights and options for resolution.
What Are the Costs Involved in Resolving Property Boundary Disputes?
The costs involved in resolving property boundary disputes can vary depending on factors such as the complexity of the case, the chosen legal strategy, and whether alternative dispute resolution methods like mediation are pursued. Legal fees, court costs, expert witness fees, and surveying expenses are common costs associated with boundary disputes. Seeking early legal advice and exploring cost-effective resolution options can help minimize expenses and streamline the process.
What Steps Should I Take to Prevent Property Boundary Disputes in the Future?
To prevent property boundary disputes in the future, it’s advisable to clarify and document boundary lines through property surveys, title deeds, and boundary agreements where possible. Maintaining clear communication and positive relationships with neighbours can also help address any potential issues before they escalate into disputes. Additionally, staying informed about property laws and regulations can help property owners understand their rights and obligations regarding boundaries and land use.