Neighbour Disputes
Neighbour Disputes
As property specialists, we understand the problems that can arise in relation to disputes between neighbouring residential property owners.
A neighbour dispute can involve:
- an argument about building extensions
- boundary structures (fences and walls including party walls)
- interference with rights of way or rights to light
- parking/turning rights
- overhanging trees
- noise disturbances
- interference with privacy from CCTV cameras
- many other property related issues
On occasion, emergency action may have to be taken by applying to the court for an injunction against a neighbour who is hostile, intimidating and threatening or a neighbour who ignores your objection to building extension works. These situations can be very stressful.
An experienced property litigator is essential to provide the benefits of sound advice and representation. The ability to provide practical, legal and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team, headed by Paul Magee, provides a service that is second to none.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. The nature of these disputes varies greatly as does the type of client.
We have acted for both claimant and defendant in a range of complex and challenging cases including important Court of Appeal decisions. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
We work proactively with our clients, offering comprehensive advice at each stage. We are also commercially focused and produce solutions to resolve your property dispute.
In addition to dealing with neighbour disputes, our specialist team can advise across a range of property matters including:
- Property purchase disputes including professional negligence such as flawed home buyers and other expert reports as well as conveyancing issues; Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as dilapidation claims, forfeiture for breaches of covenant and statutory compensation.
- Construction and repair issues including disrepair and defects in a building arising from construction or lack of repair and maintenance including the Building Safety Act 2022; and enforcing a covenant in a lease relating to rent, disrepair, or some other obligation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Possession disputes including forfeiture of a commercial or residential lease; landlords seeking to recover possession of the tenancy; mortgage and bridging finance claims for possession; and tenants unlawfully evicted.
- Private land rights including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; and planning disputes.
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
