The Beckhams, the Rooneys, Ed Sheeran, Nigella Lawson – they’ve all delighted the tabloid press by becoming embroiled in legal fights with their neighbours.
But it’s not just the super-wealthy who conduct war over the garden wall. One 2020 survey showed that two-thirds of people (64%) in the UK have had a dispute with a neighbour, with the most common causes being noise, trees, parking and bins. They sound like small things, but it’s not unknown for neighbourly squabbles to turn into decades-long legal battles if both parties decide to dig in. Disputes around access rights or boundaries can be especially gnarly.
What are your options?
Your remedies will depend on the issues at stake. For example, your options in a boundary dispute may differ from those involving a barking dog – though in each case, try to discuss the issues before escalating!
Noise and other irritations
If the problem involves noise, you can report it to your local Environmental Health Department – details will be on your local authority website. If this doesn’t work, one option is a court order called an interdict, prohibiting your neighbour from acting in a certain way – for example, partying, blocking your drive or harassing you. To get an interdict, you must show that the behaviour is persistent, so it’s worth keeping records to demonstrate this.
Not-so-cute pets
If their bad behaviour relates to a noisy or threatening pet, there’s a different approach, where you apply to a Justice of the Peace court (under the Civic Government (Scotland) Act 1982), for an order requiring the owner to take action. A solicitor can help with this, and some council websites have information on it. Here too, it’s useful to have records of the animal’s behaviour.
Boundary barneys
When a dispute concerns boundaries or access rights, the usual starting point should be to check your title deeds and the Land Register of Scotland. But with older properties especially, the details may not be clear-cut, so a solicitor can advise on the different options.
In all these situations, if you can’t resolve the issue directly with your neighbours, a solicitor trained in non-court dispute resolution (such as mediation) can help to find a consensual solution – avoiding the expense, delays and hostility of court. Some local authorities even provide a free neighbour dispute resolution service, so it’s worth looking on your own council’s website to check.
Adam Gardiner, Associate, Dispute Resolution and Litigation.
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