The 7 most common neighbour disputes that knock £26k off your home's value – and why all parents need to listen up

The Sun

2 days ago

FROM nuisance noise to hedge wars and building work, neighbour niggles can be costly – unless handled carefully.
'If a dispute is affecting your quality of life, it's important to take the appropriate steps to resolve matters,' says Daniel McAfee, head of legal operations at Lawhive.
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'But try not to go nuclear too quickly. From a legal perspective, the burden of proof is likely to be with you, as most of these issues fall under civil law, meaning you also need to fund your case.
'And it can impact on the value of your property, as you need to declare any complaints you have pursued through the courts when you come to sell.'
Experts estimate it could cause a ten percent price reduction – £26,500 based on the UK average house price, or £56,700 in London.
Here, Daniel explains your rights in seven common disputes and how best to resolve them…
FENCE FALL-OUTS
These simple structures can trigger a host of disagreements, from placement and permitted height to maintenance costs.
'The rule of thumb is, your side of the fence is your side – it should define the boundary and therefore you can paint your own side however you like,' says Daniel.
'Difficulties arise when, for example, it falls down and there is a dispute over the cost or the position of the new one.
'Maybe one person refuses to pay their share or they believe it has moved and taken more of their land.'
The first step is to find out if the fence was jointly owned to start with.
'Check the title plans for both properties, which set the boundary line and whether it is a 'party wall fence' with joint ownership,' says our expert.
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If the fence is a shared responsibility and one side refuses to pay their share, you can make a civil claim to recover costs.
TREE AND HEDGE WARS
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The general rule is that branches must stay within your legal boundary. If they stray over, your neighbour is entitled to cut them back to the borderline.
'It comes down to whose property the root originates from, as that establishes ownership,' says Daniel.
'But there are environmental factors and some trees have legal protection. I'd recommend getting a tree surgeon or other expert to check before you chop.'
If next door's overgrown conifer is throwing shade on your sunbathing spot, there's little you can do.
'There's no right to light outside, but there is one inside your property,' Daniel says.
'You'd need a specialist survey to prove the obstruction is resulting in a more than 50 per cent reduction into a habitable area of the home, like the living room or kitchen.
'But beware – these reports can cost between £200 and £350, maybe more. And you may need to seek a civil injunction to have the tree cut down.'
Hedges can also cause headaches and action can be taken if they meet certain criteria, such as being more than 2m tall.
But councils cannot order the removal or cutting of hedges to below 2m.
PARKING PAINS
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Nothing sends the local WhatsApp group into meltdown like inconsiderate parking.
If you only have on-street parking, there's no rule that says you are entitled to a spot outside your front door.
But you can take steps to ensure no one blocks your drive.
'Contact the council to get a stripe painted on the highway to indicate this, which also makes it subject to local enforcement policies,' says Daniel.
'My clients that do this say it has been successful – and it's free.'
You must also call the council if neighbours are blocking pavements with their vehicles, but it can take effort to make them act.
'Take photos, get other residents to complain and write to your MP,' he suggests.
CLASHES OVER KIDS
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The sound of children running about outside can be divisive, with some happy to hear their laughter and others finding their high spirits intrusive.
Daniel says there are two areas that govern this. The first is civil law, as defined by the council, who can deal with any infringements.
'There might be rules to ensure noise is kept to a minimum at certain times of day,' Daniel explains.
Anything that strays into anti-social behaviour, like vandalism and violence, is potentially a criminal matter.
'Don't be deterred if the police, council or social housing landlord don't act initially,' he says.
'If you make three reports in six months, you can ask to trigger an Anti-social Behaviour Review (ABR), which is independent.'
SNOOPING SUSPICIONS
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Feeling like someone is snooping over the fence is unsettling, but privacy rules can be complicated.
'Everyone has the right to quiet enjoyment of their property,' says Daniel.
'But you'd need to have evidence of an interference with that, or a breach of privacy. For example, a telescope looking directly into your bedroom is pretty clear. But other things are not.'
Increased use of CCTV and Ring doorbell cameras could mean you are unintentionally in breach too.
'It comes down to common sense and talking to people,' he says.
'You have to prove they are actively trying to do this.'
It also comes down to appreciating the privacy – or lack of – that comes with your particular property.
'If you don't like being overlooked, a terraced house might not be for you.'
KEEP THE NOISE DOWN
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From rowdy parties to vacuuming at unsocial hours, noise intrusion can have a huge impact.
'Most rules around noise disturbance are set by your council, setting out unacceptable decibels or time restrictions, depending on what type of area you live in,' says Daniel.
It needs to count as a statutory nuisance for councils to investigate, which means it must either unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure health, or be likely to injure health.
'If there is a breach, the council can take action and serve an abatement notice, but you may also need to ask the courts for a civil injunction for a persistent problem.
'It sounds easy, but the evidence thresholds you need to attain are high, often requiring a reliable audio meter and well-timed council visits.
'This is when things like CCTV can be a big help to build a case.'
BUILDING BOTHER
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Home renovations can trigger all sorts of gripes, from an extension being too big to the noise and dust created.
It is a good idea to forewarn neighbours about any disruption, so they can be prepared.
Builders will be aware of local rules on what times construction can take place and should comply.
'If they don't, council enforcement can step in, but be aware that you can also be liable for action, as you are employing them,' Daniel warns.
If you suspect a neighbour's extension is in breach of planning permission, contact the planning office in the first instance.
'Councils have a range of measures available, including ordering the construction to be taken down or altered,' says Daniel.
'But they have discretion to not act or invite a retrospective application.'
FYI
When one or both neighbours is a tenant, complaints need to be made to the owners of the properties involved.
'This could be a private landlord, housing association or the council,' says Daniel.
'If you are the tenant, your landlord owes you a duty of care as part of your contract with them. They are obliged to take action in your interest and if they fail to do this, you may need to take action against them.
'Likewise, if the neighbour causing the problem is renting, you should direct your dispute to their landlord, as they could be breaching the terms of their lease.'