Garden grievances: Understanding your rights in neighbour disputes

With summer here, warmer temperatures and longer days are on the horizon. Inevitably, this will lead many people to spend more time in their gardens. Whilst many of us maintain friendly bonds with those who live nearby, for some this change of season presents the potential for neighbour disputes.

Sam Davies, legal adviser at ARAG Law delves into some of the common quarrels that can arise between neighbours and outlines the legal avenues available for resolution.

Particularly with neighbour disputes, it is important to remember that
attempting to reach an amicable agreement is likely to be the best course and that taking legal steps has its inherent risks and can often lead to aggravating situations.

Whose responsibility is it to repair or replace an adjoining broken fence?

In some cases, the title deeds to the property outline clear obligations on a particular party to maintain and repair fences. These can be found through the Land Registry.

In the event that the deeds are unclear or silent on this topic, then the prior arrangements between parties becomes important. If one party has solely paid for the cost of installing the fence or has taken sole responsibility for repairing it in the past, it may be argued that this responsibility remains on them to continue with its maintenance. If an agreement has been reached for one party to take responsibility for future repairs, then it will always be best practice to get this agreement in writing.

My neighbours have refused to fix their fence which adjoins my property, what can I do?

If it can be established that it is a neighbour’s obligation to do the repairs and they are reluctant to do so after you have asked them to, it may become necessary to put a request into writing.

The options to compel a neighbour to carry out repairs are limited, and it is worth considering legal advice at this juncture. If it can be established that the lack of maintenance amounts to a private nuisance, is causing damage to the property or the neighbour is not adhering to covenant then it may be possible to apply to the courts for an injunction.

Alternatively, there is the option of installing a separate fence entirely on your own land and taking full responsibility for repairs into your own hands. If this route is taken, it should be made very clear that this installation of a new fence is not an attempt to vary the boundary lines in any way.

Does your neighbour have a duty to control harmful weeds and invasive plant species which are affecting your garden?

A neighbour does have a duty to prevent the spreading of harmful and invasive plant species. If a neighbour fails to take preventative steps there may be potential legal claims that can be taken against them. There are also avenues to make complaints about a neighbour’s failings.. Dedicated government websites offer specific guidance on prevention of harmful weeds and how to deal with invasive non-native plants spreading. There is a risk of fines or prosecution for a failure to control these plants properly.

My neighbours are constantly creating noise, what can I do? Can I sue for damages if the noise is disturbing mine and my family’s peace and quiet?

In the first instance it would be worth speaking with the neighbour to see if there is anything they can do to stop the noise. The nuisance can be reported to the council who may investigate and take enforcement action. The Local Authority may take action under the statutory nuisance regime, serving a notice on the neighbour to restrict the excessive noise.

Alternatively, there is the option of bringing a private nuisance claim for an injunction and damages. Each instance of nuisance will revolve around specific facts and the success of these claims will therefore vary dependant on the exact circumstances.

What recourse do I have if my neighbour’s bonfire is causing a nuisance?

Similar to the steps outlined above, smoke from a neighbouring property may amount to both a statutory nuisance or a private nuisance. An occasional bonfire is unlikely to meet the criteria of a nuisance but if it is a common occurrence there could be an argument for this.

If you neighbour is burning hazardous material, this can be reported to the environmental health team within your local authority who will investigate.

My neighbour is having a party, and some of their guests have parked in my drive; can I block them in?

If someone has parked on your driveway and you were to block them in, your vehicle may be causing an obstruction to the public highway, and this is a criminal offence. Such action would therefore not be advised as the owner of the vehicle could call the police.

My car was damaged/vandalised by a guest attending a neighbour's party – Can I claim the cost of repair from my neighbour?

Unless the neighbour themself is at fault, they cannot be pursued for a situation caused by a third party. It is worth speaking to the neighbour to establish the identity of the individual who did cause the damage to pursue them directly.

To conclude, there are different routes to resolve different types of disputes with your neighbour should they arise. The overarching stance is that these legal routes should be seen as a last resort and amicable resolutions are preferred. Legal advice should be sought to help establish the exact legal basis and to assist you to navigate the civil courts.