Neighbours

Contributed by Harriet Ketley and current to 1 September 2005

The closeness of living as neighbours creates the potential for conflict over everything from minor irritations like the occasional football over the fence to serious and major problems like structural damage from invading tree roots.

Traditional common law remedies of trespass and nuisance may be available for these problems. However, lawyers and the Court system are only really desirable as a last resort because the use of either or both tends to increase hostility, and the expense may be out of all proportion to the problem. For this reason, this chapter focuses on statutory schemes for resolution of problems between neighbours, including those involving noise, dividing fences, building and domestic animals. Where action is anticipated either under such legislation, or, as a last resort, in the courts, mediation should be considered as a preferable means of resolving neighbourhood disputes: see further ALTERNATIVE DISPUTE RESOLUTION .

• Nuisance
• Trespass
• Statutory nuisance
• Noise
• Fire and smoke
• Trees
• Animals
• Dividing fences
• Encroachments
• Buildings/extensions
• Misconduct restraining orders
• Mediation
• Contact points and other useful resources