Neighbour disputes can be very distressing, emotional, as well as stressful.
Neighbour disputes tend to involve a wide range of issues and disputes, such as disagreeing on the positioning of a boundary, noise nuisance, a dispute over a driveway or access way, as well as harassment.
A dispute with your neighbour can arise from a simple misunderstanding that could have a significant impact on you and the enjoyment of your home, to which the proverb that your home is your castle tends to come to mind. As we know, our home is our sanctuary that can be affected and/or compromised by a neighbour dispute.
Another difficulty that could arise from a neighbour dispute is if you decide to sell your home. It is now a legal requirement when selling a property to declare any existing neighbour dispute to a prospective buyer(s). This may either have an impact on the selling price of your property or could result in your buyer withdrawing from the purchase. Should you fail to disclose the existence of a neighbour dispute to your prospective buyer, then your buyer could bring a claim against you for misrepresentation.
How to resolve a dispute with your neighbour when selling your house
In an ideal world, any dispute with your neighbour should be settled and/or resolved as soon as possible by reaching a compromise. Unfortunately, this is sometimes not possible, and with an ongoing neighbour dispute, emotions can continue to run high, which, in turn, may make it even more difficult for a resolution to be found.
Here are some steps to resolve a neighbour dispute amicably:
1. Communicate with your neighbour:
The first step is to open the lines of communication with your neighbour on an amicable basis to prevent the dispute from escalating. Discuss your concerns and grievances with your neighbours without emotion, with the aim of trying to reach a compromise and agreement that both you and your neighbour can live with. For your own benefit, a full note of all discussions and terms of agreement should be kept in writing for future reference if need be.
2. Mediation:
Contact a local mediation service that specialises in neighbour disputes. A neutral third party (i.e. a mediator) can encourage discussions and help both parties reach a satisfactory resolution without the need for Court intervention.
3. Seek professional legal advice:
If an agreement cannot be reached through discussion and/or mediation, then to prevent the dispute from getting worse and to seek a resolution particularly if you are intending to sell your property, you should seek legal advice. It often helps if both neighbours are legally represented, allowing their legal representatives to act as intermediaries to try and narrow down the issues between the parties, as well as offering them guidance and assistance to resolve the dispute.
Case study: Resolving a neighbour dispute amicably
Mrs Smith, who lives alone, received verbal abuse from her next-door neighbours every time they met on the shared driveway. Because of this, Mrs Smith was frightened to step out of her own front door. The neighbours also caused a constant noise nuisance that kept Mrs Smith awake during most nights.
Mrs Smith reached out to the Police, but they were unable to resolve the problem. After Mrs Smith contacted us, we sent a cease and desist letter on her behalf to her neighbours. This pointed out that they were creating a private nuisance in addition to cause harassment to our client that was in breach of Section 1 of the Protection from Harassment Act 1997. Our letter further stated that if the neighbours continued with their behaviour, then Mrs Smith would seek a Court injunction. We also invited the neighbours to consider entering mediation.
In response, the neighbours contacted us, and the matter was referred to mediation. A resolution was reached whereby the neighbours agreed to cease their harassment, as well as reduce the noise levels from their property. Thereafter, Mrs Smith was able to enjoy her home in peace and leave her front door without the fear of receiving abuse and harassment.
Our dispute resolution services
Neighbour disputes can be a stressful experience - especially when you're trying to sell your home. Our experienced team can help you resolve ongoing neighbourly conflicts before selling your home, and help to ensure we come to an agreement that suits all parties. To find out more, read about our Dispute Resolution services or fill in our enquiry form today.