Spring is in the air which means more of us are starting to spend time in our garden again. This unfortunately seems to bring with it, however, an increase in disputes between neighbours. Whether it be the positioning of the new garden fence, the encroachment of next door’s Wysteria onto your property, or friends visiting for barbeques parking along the shared access-way and preventing you from getting your car onto the road, disputes with neighbours can quickly blow up out of proportion.
Thursfields’ property litigation specialist, Stefania Fulford, advises clients to seek legal advice early: “Obtaining legal advice early on in the event of a dispute with your neighbour is of the upmost importance. The legal position is rarely clear (your deeds, for example, most probably do not state exactly where the fence should be positioned) and, instead, your specific set of facts need to be applied to the relevant law.”
Stefania can help clients understand whether they are likely to be right or wrong before confronting their neighbour in the event of a dispute arising, and she can also assist in communicating with the neighbour to help keep the relationship as amicable as possible and avoid the dispute ending up in Court. Stefania says that “reasonableness is key when negotiating a successful outcome to a neighbour dispute and clients often benefit from the more neutral position that I am able to bring to the table.”
If you have an issue with a neighbour upon which you would appreciate legal advice, the Thursfields Litigation and Dispute Resolution team can help. Please send an email to Stefania at firstname.lastname@example.org for further assistance.