There are many reasons why neighbours fall out, but there are a few steps you should take before beginning legal action.
We’ll look at your options for resolving problems with nuisance neighbours and when you should take legal advice over neighbour disputes.
Find out more about legal disputes in our guides:
How to resolve consumer disputes the right way
Common neighbour disputes and how to resolve them
Disputes with neighbours occur for all sorts of reasons. A willow tree may be hanging into your garden, a new extension may be blocking out the sun, or dogs may be barking at all hours of the night. Whatever the issue, there are ways of dealing with the dispute before tempers fray.
Noise complaints
Noisy neighbours are a common complaint. Maybe it’s a party that’s going on into the early hours or the revving of a car engine.
The law says we have to accept a certain amount of noise in our lives. Some loud sounds are unavoidable, while others are one-off events.
In the first instance, talk to your neighbour. There’s a good chance they didn’t realise how loud they were being. Likewise, if you’re throwing a big birthday bash, it helps to let your neighbours know in advance.
It’s when loud noise becomes sustained that it can become a problem. Councils will investigate a complaint if they believe it unreasonably or substantially interferes with the use or enjoyment of a home or may injure health or be likely to injure health.
If your neighbours are making loud noises between 11pm and 7am, that is likely to count as unreasonable.
The council may then try to stop the noise, send a warning, or seek an injunction against the offender.
However, if they take too long to investigate your complaint or choose not to take action, you can take the matter to either the Magistrates’ Court or County Court.
At a Magistrates’ Court, a judge can issue an abatement notice to force the neighbour to stop the noise. If they breach this order, they may have to pay a fine.
Going to County Court means suing your neighbour, who may have to pay a fine. You may also be awarded damages as the victim of a private nuisance.
Planning disputes
You may discover your neighbour is building a conservatory that restricts your view or otherwise affects your enjoyment of the property. Or perhaps they’re turning their three-bed semi into a business premises.
This is known as a planning dispute.
Your first course of action should be to find out whether your neighbours have planning permission. Consent must be obtained to convert one property into multiple homes, build extensions or additional buildings, or turn a home into a commercial building.
If your neighbour does have planning permission, your local council should already have informed you that building work is taking place.
Before you raise objections, it’s sensible to consult a neighbour dispute solicitor. Disputing a planning application can be incredibly time-consuming, and a legal professional can advise whether your objections are valid while helping present your case effectively.
When you object, it gives your neighbours the chance to modify their plans or, if your argument is strong enough, the council may reject the application.
The council is generally given around 12 weeks to respond to your concerns. If it takes longer than this, you can lodge a complaint with the Local Government and Social Care Ombudsman. You should also report the council if you believe the decision was unfair or the correct procedure was not followed.
While there is often little you can do if the council approves the plans, you should continue to be vigilant and make sure your neighbours are following the approved application. During development, you can also complain if you believe your neighbour is acting negligently.
If your neighbour has not obtained planning permission, you should report this to your local council.
Boundary disputes
A boundary dispute can involve anything from an overgrown hedge to a party wall.
If your dispute is over hedges, you can complain to the council if:
- It’s over two metres tall
- There are two or more evergreen or semi-evergreen trees or shrubs
- It affects your enjoyment of your home or garden
You are also within your rights to trim most trees and hedges if they extend over the boundary of your property. But be careful not to go beyond this, or your neighbour could take you to court for property damage.
While the government says you should speak to your neighbour before involving the authorities, for other boundary issues it is wise to seek legal advice as soon as possible.
Ask your solicitor to obtain an Official Copy of the Land Registry title plan, which will show the boundaries of your property and that of your neighbour. It will not be exact, as it is based on Ordnance Survey maps, but it can give you a better idea of whether a neighbour is infringing on your boundaries.
Armed with this information, you may be able to resolve the dispute by talking to your neighbour. If not, discuss your options with your solicitor.
Tips for dealing with neighbour disputes
Talk first
No matter what dispute you’re having, the best way to resolve it is usually to talk to your neighbour face-to-face. In some cases, the courts will expect you to have tried this before the dispute reaches them.
If you don’t feel comfortable speaking directly to them, send a letter or email instead, or use a third party.
Keep evidence
Long before you involve the council or consider legal action, make sure to compile evidence. Record audio if you believe your neighbours are causing a noise nuisance, take videos and photos of infringements, and keep a reliable diary of the issues you face, noting the time, date, and incident.
You should also keep a record of any interactions with your neighbours and save any correspondence. All of this will be useful if you need to take the matter further.
Consider mediation
Rather than launching straight into court proceedings, mediation may be the better option. In some cases, a judge may order this anyway.
You and your neighbour can sit down with an independent, impartial third party to discuss the problems and the best way to resolve them. As with any agreement, the outcome may be taken into account by the courts if the dispute later requires a ruling.
The Civil Mediation Council lists mediators near you.
How do you deal with argumentative neighbours?
- Communication: Approach them calmly and politely to discuss the issue. It often helps to find a neutral time to talk, rather than addressing it in a heated moment.
- Listen: Try to understand their perspective. Acknowledging their concerns can sometimes de-escalate the situation.
- Set boundaries: Clearly explain your feelings and boundaries regarding their behaviour.
- Seek mediation: If direct communication doesn’t work, consider mediation. Many communities offer free or low-cost mediation services.
- Document interactions: Keep a record of all interactions in case the situation escalates and you need to involve the authorities.
What is classed as harassment by a neighbour?
Harassment by a neighbour can include verbal abuse, threats, intimidation, and persistent nuisance behaviour. For behaviour to be considered harassment, it usually needs to be repetitive and intended to cause distress or alarm.
What to do if your neighbour is intimidating you?
- Document everything: Keep a detailed record of every instance of intimidation.
- Inform authorities: If you feel unsafe, report the behaviour to the police.
- Restraining order: In severe cases, you may wish to consider obtaining a restraining order.
- Seek support: Talk to friends, family, or a counsellor for emotional support.
- Use community resources: Make use of community resources or neighbourhood watch programmes where available.
Can I sue my neighbour for emotional distress?
Suing for emotional distress is complex and depends on the specifics of the situation. Generally, you would need to prove that your neighbour’s actions were intentional or reckless and that they caused severe emotional distress.
Consulting a legal professional is advisable to understand whether such a case is likely to succeed in your jurisdiction.
How to find neighbour dispute solicitors
Unfortunately, it may be necessary to involve a neighbour dispute solicitor to settle the matter. It’s not always easy to know how to find the right solicitor for your dispute.
We can help.
By giving us a few details about the dispute with your neighbour, we’ll put you in touch with up to four legal professionals who can provide expert advice tailored to your needs.