Issues with Neighbours
AWP Consulting, Surveyors and Project Managers specialise in party wall issues and other issues with neighbours. We provide a first class, personalised nationwide service from our base in North Yorkshire.
We can help with a number of issues including Party Wall issues, Boundary Disputes and more.
There is no standard set of guidelines for dealing with every neighbour problem. This is because the problems are so varied and the solution to any particular dispute will depend on the individual circumstances of the case.
AWP provide expert advice on party wall issues and many other areas of neighbour disputes:
Boundaries, fences and walls
Establishing the boundaries and ownership
If a dispute arises between neighbours about the boundary between their properties, it will be necessary to establish who owns the disputed land. The primary evidence will be contained in the legal documents. Clear evidence of this kind is normally conclusive.
However, the boundaries between properties can differ from those described in the title documents or lease in certain circumstances. The most common are where they have been changed by agreement or by encroachment (occupation without permission).
If you think that the boundaries are not defined in the title document or lease, or that the boundaries have been changed by agreement or encroachment, contact AWP Consulting for expert advice.
Party walls Issues
There are special rules covering structural work to walls which stand across the boundary of land belonging to different owners, or which are used by two or more owners to separate buildings. The owner must notify neighbours about any work they intend to carry out. These rules allow for the agreement or objection to any work within certain time limits, and compensation and temporary protection for buildings and property. If there is no agreement an independent surveyor can be appointed to decide what work can be done, and how and when.
For more information about party wall issues, contact AWP Consulting today.
Access to a neighbour’s land for repairs
If you want to carry out repairs to property or land you may need to have access to your neighbouring property or land in order to carry out these repairs.
There may be a right of entry specifically for the purposes of inspection or repair in the property’s legal documents. If there is no such right, or no agreement can be reached, the law allows you as the person wishing to carry out repairs to apply to the county court for an access order allowing you to enter your neighbour’s land to carry out the repairs.
Amenities which are shared
Who is responsible?
There may be amenities shared between two or more properties, for example, drains and pipes, shared drives or the roof of a block of flats. Responsibility for maintaining them and rights to use them, for example, putting up an aerial on a shared chimney, are usually outlined in the property’s legal documents.
The legal documents may give you as a property owner rights over your neighbour’s property. Sometimes they are not included in the legal documents but have arisen out of long, continuous and unchallenged use (usually 20 years). A right to use, for example, a pipe through a neighbour’s property implies a right to go on that neighbour’s property to undertake repairs, although any damage incurred to that property must be made good. Contact AWP Consulting for more information.
Where there is a shared amenity which is in need of repair the first step is to find out who is responsible for repairs. However, the legal documents may not always provide clear evidence and, in this case, it is probably best to settle in advance that the costs will be shared between owners.
The next stage would be to get a surveyor to inspect and report on the part of the property requiring repairs. Estimates will have to be sought and finally a contract made with builders. It is essential that at each stage when a cost is incurred the household initiating the repairs has the consent of the other parties responsible.
If some or all of the property involved is rented, the landlord may be liable for repairs. For expert advice and assistance contact AWP Consulting today.