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Garden Alterations and Neighbour Disputes – Resolving Conflicts

 Garden Alterations and Neighbour Disputes Resolving Conflicts

With it being the height of summer, many homeowners have taken to their back gardens to enjoy the sun. For many people this enjoyment includes a revamp of their open space with the likes of gardening, building sheds, erecting fences or planting trees. Although these activities can be a great summer project, they can also lead to disputes with neighbours because many of these activities can involve noisy works being carried out or the installation of certain structures ending up impacting the natural light of neighbouring properties and obstruct views. Therefore, it is important to consider ways to resolve these issues to maintain amicable neighbourly relationships before they impact the enjoyment of the summer season.

To avoid any decline in good neighbourly relations when these sorts of works are being contemplated, there are a number of things to be aware of.

In the first instance, having open discussions and understanding each party’s situation is important, particularly because these can become sensitive matters since they involve individual’s homes and the fact that neighbours are likely to see each other on a regular basis. A calm and respectful dialogue can often lead to compromises or mutually beneficial solutions that address both parties' interests in a dispute.

Where an open discussion fails to result in a resolution, alternative dispute resolution could be another method of facilitating an agreement. An example of an alternative dispute resolution method which could be used in these circumstances is mediation. Mediation is a voluntary process led by an impartial third party who discusses a problem with you and your neighbour to resolve conflict. This process encourages constructive dialogue and can help identify common ground.

It is important to note that sometimes garden alterations can become complex legal issues and can lead to boundary disputes or encroachments. Boundary disputes and encroachments can occur where structures are built upon a boundary line and the shape and size of the structure deviates from the originally granted plans or legal boundaries of the property. Where these legal issues arise, lawyers can review your Title Deeds and land registry records and then provide clarity on the boundary lines and whether any encroachment exists. Consulting a lawyer in these circumstances is essential and will ensure compliance with your Title Deeds and mitigate any risks. If your neighbour is against what you want to do, a lawyers can clarify the legal position and help explore potential solutions.

By proactively trying to resolve these neighbour disputes quickly, homeowners can continue to enjoy the summer season in peace!

David Phinn and Tessa Hickey

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