I regularly deal with queries from homeowners who have been happily enjoying their property until a development begins next door.
Moving boundaries; land grabbing; noise, dirt or vibration disruption; trespass; verbal abuse; blocking access or rights; parking on your land without permission; destroying your trees, shrubs or crops; connecting to or interrupting services; working on party walls without permission; using a private access lane for their deliveries and then attempting to grant future owners property access over it. These are all complaints I've dealt with.
Any of these can be a nightmare if you are living them every day. So what can you do?
Firstly, make sure you keep a record: photographs; records of conversations; and copies of emails or letters are all useful if you would like advice on the situation. Copies of your deeds or conveyancing file from your purchase are also worth having to hand.
Secondly, take prompt action. If a fence is taken down, a boundary is suddenly relocated, your access is permanently blocked or damage is caused to your property, you should consider taking advice immediately. Failing to act, or accepting the situation, could work against you if you decide later you'd like to take action.
If what the developer is doing infringes your property rights it could be serious enough to obtain an injunction (an order requiring that the other party either do, or stop doing, a certain act). This could include an order that any harassment of you or your family / visitors stops. Harassment is often complained of in this type of dispute between neighbouring land owners. In short, it is a course of conduct (or, if serious enough, one incident) that causes someone distress or fear.
An injunction can often be obtained very urgently, sometimes within a day or two. This would require acts to be done (or stopped) immediately that the neighbouring land owner receives the order, until a hearing (usually just a few days later), at which both parties can make their arguments to the Court about why the order requirement(s) should continue (or end).
A breach of an injunction order can lead to imprisonment, so full information must be given by the person requesting the order, including a promise to pay any costs incurred by the neighbouring land owner if the order is later discharged (ended).
This type of dispute can be particularly contentious, so it is usually sensible to take advice early, to ensure you know your options as soon as a dispute seems likely.
If we need to, we can use our network of specialist expert boundary experts to help determine where boundaries should be using conveyancing overlays, geotechnical data and aerial photographs.
We can help you understand the steps you can take during a fixed fee legal advice appointment, which you can book online for just £250.
