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Politics2 mins ago
You hear a lot about disputes between neighbours these days. Are they on the up and how common a problem is it
01:00 Fri 16th Nov 2001 | Home & Garden
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The number of recorded complaints about the behaviour of neighbours has been rising steadily in recent years. When introducing legislation to outlaw anti-social behaviour recently the Government estimated that one in five people experience problems with unruly neighbours at some time.�
In the most severe cases neighbourly disputes can have dire consequences. More than 20 people have actually died, be it as the result or violence, as a direct result of these disputes.
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Q.� What is the most common cause of problems between neighbours
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Complaints about noise, usually load music, are by far and the way the most common. The recent government legislation gave local authorities the ability to confiscate hi-fi equipment on top of existing powers to issue noise abatement orders with potential fines of up to �5,000 for those who ignore them.�
Q.� What else
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Boundary disputes over issues like the maintenance of garden walls, placing of fences, access to footpaths, the citing of extensions and conservatries is another constant source of fall out between neighbours. Most can be settled by referring to lease or deeds documents, but for further information click here to read a previous article on boundary law.�
Pets are another regular source of ill-feeling. As domesticated animals they are not considered wild or dangerous and are expected to stray. However, if an animal is constantly causing damage or menace on another's property it can be categorised as a nuisance. Of course if it bites it then becomes a matter for the police.
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Trees are another old favourite. It doesn't matter if overhanging branches or encroaching roots are actually causing physical damage, you are entitled to trim them back to your boundary. However, you are legally obliged to return the wood to them. Sometimes the offended party just dumps the material back over the fence, making the situation worse rather than better.
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Q.� So who should we turn to if we are having real problems
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Local authorities deal with noise abatement orders, but the amount of work involved on establishing that an offence is being committed - usually involving an environmental health officer being at the scene to certify that there is a statutory nuisance taking place or that the effects are prejudicial to health - means�many cash-strapped councils simply don't have the resources to dedicate full-time staff to neighbourly disputes.�
Complaints of criminal damage, threatening behaviour or violence are obviously for the police but again they are often reluctant to devote too much time to what might appear relatively trivial incidents, especially when it is hard to establish who has done what.
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Q.� But surely there must be ways of sorting things out without resorting to the law
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The law should be a last resort. Dialogue is always preferable, and try to keep as calm and conciliatory as you can. Even if you have to reach a not wholly acceptable compromise it is often better than a complete break-down of relations and long drawn out and acrimonious legal action.�
Many local authorities now operate mediation services to help neighbours find a solution without the need for formal action.
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If you've got a question about your home or garden, click here.
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By Tom Gard
