Neighbour disputes are notoriously difficult to resolve, with ongoing costs and adverse effects on relationships. Unfortunately, disputes between neighbours are sometimes unavoidable. Nuisance, noise, shared access and boundary disputes are all common grievances between neighbours.
However, in giving judgement on a case involving Tate Modern, the Supreme Court has recently confirmed that visual intrusion can now be added to that list.
TYPES OF NEIGHBOUR DISPUTE
Nuisance – interference with your use or enjoyment of your land which causes harm.
Noise and nuisance – where there is interference with your use or enjoyment of your land due to your neighbour making too much noise.
Trees and hedges – where tree roots cause damage or hedges grow to over two-metres high.
Shared access – disputes over shared access areas. For example, your neighbour might block a shared access route or disagree on who should pay for its maintenance.
Boundary disputes – disagreements on where a boundary falls or where your neighbour crosses over your boundary.
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RECENT DEVELOPMENT – VISUAL INTRUSION
On 1 February 2023 the Supreme Court handed down a judgement on Fearn v The Trustees of the Tate Gallery [2023] UKSC 4.
Background: The Tate Modern Museum in London has a viewing platform which offers a 360-degree panoramic view of London. This platform attracted thousands of visitors each day.
The Neo Bankside housing development is located just 32 meters from the Tate Modern. It features floor to ceiling windows to allow more light into the flats and offer a fantastic view of London.
Neo Bankside sought an injunction against the Tate Modern over their right to privacy. Members of the public were able to use Tate Modern’s platform to wave, make gestures and take photographs of the inside of the neighbouring flats. Tate Modern rebutted with the argument that it had the right to use its land as it chose to.
Decision: The Supreme Court decided that visual intrusion, of the kind present in this case, amounted to a private nuisance. They ruled in favour of the privacy of the Neo Bankside, over Tate Modern’s right to use its land as it chooses.
Tate Modern was also criticised for using their land in an uncommon or peculiar way by inviting visitors to look out from a viewing gallery.
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IMPLICATIONS OF THE DECISION
Implications for Neighbours: Visual intrusion is a new ground for neighbour disputes. It could lead to more neighbour disputes and claims for visual intrusion arising. However, the Supreme Court has warned that the level of visual intrusion must be high and for sufficient duration and intensity. Mere overlooking is not sufficient on its own.
Implications for Construction: Developers and homeowners will need to be more careful when constructing buildings or extensions – any use of land which is not ‘usual or expected’ can be used against you in future disputes.
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RESOLVING DISPUTES
It is important to attempt to resolve any dispute with a neighbour prior to instructing a solicitor. This could save time, costs, and relationships.
Where this is not an option, independent legal advice can be sought. Obtaining as much evidence as possible to support your position will be helpful in the long-term. This will increase the chance of success and streamline the process of presenting your position.
In some cases, the presence of a solicitor alone and simple initial correspondence can help to encourage negotiation and resolution of a dispute.
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Mediation
At Bailoran, we believe litigation should always be a last resort. Litigation can be a costly and lengthy process. Mediation provides an alternative path. It allows two parties to discuss their issues and work toward a solution with an independent and impartial third-party. A mediation is successful if the parties can agree on a resolution. This resolution can then be made binding by the enforcement of a settlement agreement.
Court
Legal experts can help you with taking a neighbour dispute to Court. In some cases there are specialist protocols for dealing with disputes.
Injunctions
These are orders which make people act or cease to act. An injunction may be necessary but such applications need to be made swiftly and with good supporting evidence. Any delay can limit your options so that any interference is compensated in money rather than a reinstatement of the original position.
Land Tribunal
There is also the opportunity to apply to the Land Tribunal to seek a determination on specific neighbour disputes, particularly in relation to boundaries. This may be a viable alternative to proceeding to Court and may cost less in the process.
Legal Expenses Insurance
It is unlikely you will know when or where a claim might arise in respect of your property. It is therefore sensible to consider including legal expenses cover with your home and buildings insurance cover. As long as the cover is taken out before any potential dispute has been identified, you are likely to receive legal costs cover for thousands of pounds subject to having a better than average case. Legal expenses insurance may allow possible legal options to be considered that might not be available if paying legal fees privately.
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Please be aware that notwithstanding this point Bailoran Solicitors are conflict free and are not on any insurance panels.
If you are in the midst of a neighbour dispute, check with your current insurers to see if you have cover. Please note, cover will not usually start until the insurers are on notice of the dispute.
HERE TO HELP
This article does not contain legal advice. Should you require any help or further information regarding neighbour disputes, please contact us.
Tel: 0113 266 0735 Email info@bailoran