Neighbour disputes

Neighbour disputes

This Overview summarises the key types of dispute arising as between neighbours, including claims in nuisance (noise, trees, and other complaints), boundary disputes, and access to neighbouring land.

Neighbour disputes may not be of high financial value, but they can be among the most acrimonious and difficult to resolve. The Court of Appeal has stressed that professional advisers have a duty to warn their clients at an early stage about the downside of ‘neighbour litigation’ even for a successful party. Apart from significant costs, ongoing relationships will be affected and the litigation may blight the properties and lives of those involved. If at all possible, disagreements about rights of way, boundaries and the like should be settled without resorting to court.

Nuisance

Nuisance claims are recognised in the following way:

•
private nuisance—substantial interference with the ordinary use and enjoyment of land
•
public nuisance—an unlawful act or omission, causing widespread harm
•
‘the rule in Rylands v Fletcher’ (‘non-natural’ activity on the defendant’s land resulting in something escaping and causing harm)

While the same action may amount to a private and public nuisance, an individual can

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This week's edition of Property Disputes weekly highlights includes: a Privy Council decision confirming that leases can be terminated for repudiatory breach and Court of Appeal decisions on the ‘tenant condition’, the Tenant Fees Act 2019, and the status of an unregistered landlord for the purposes of the right to manage. It also includes High Court decisions on claims for property damage by an RTM company and for remedial expenditure to prevent damage caused by continuing nuisance, and Upper Tribunal decisions on the calculation of time periods, the evidence required to impose a civil penalty, and the jurisdiction of the First-tier Tribunal to review the rent under an assured tenancy, and publication of the minutes of the Online Procedure Rule Committee.

Tenant Fees Act 2019—check-out challenge fails (Switaj v McClenaghan)

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How long is twelve months? Upper Tribunal (Lands Chamber) considers principles for calculation of time periods (Moh v Rimal Properties Ltd; Kelly v Bostall Estates Ltd)

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