Dispute Resolution

Garden Alterations and Neighbour Disputes – Resolving Summer Conflicts

Residents take to their gardens to enjoy the warm weather and make alterations to enhance their outdoor spaces. However, these garden alterations can sometimes lead to disputes between neighbours, causing tension and impacting the enjoyment of the summer season.

31 Jul 2023

Team name
Holly Minney

Holly Minney

From planting trees on boundary lines to a new fence or maybe even a new shed for your new gardening plans, conflicts between neighbours happen, but resolving these conflicts amicably and understanding the legal considerations surrounding garden alterations can help you maintain harmonious neighbourly relationships.

​In this article, we will explore common garden alteration issues, offer guidance on resolving disagreements, and shed light on the legal aspects relevant to property owners.

Common Garden Alteration Issues

Garden alteration issues can arise due to a variety of factors, including changes to garden structures, planting of trees or hedges, installation of fencing, or construction of outbuildings. Concerns may include obstructed views, loss of privacy, noise disturbances, potential damage to property, or impact on natural light.

All of these occurrences can impact you or your neighbour‘s enjoyment of their property,so it is important to approach these issues sensitively. Understanding the specific concerns and interests of all parties is crucial when attempting to find mutually agreeable solutions.

Open and Respectful Communication

Resolving neighbour disputes begins with open and respectful communication. Initiating a conversation with your neighbour to discuss concerns and explain your perspective can help alleviate tensions. Listening to their concerns and demonstrating empathy are equally important. A calm and respectful dialogue can often lead to compromises or mutually beneficial solutions that address both parties’ interests.

Mediation and Alternative Dispute Resolution

If direct communication does not yield a resolution, seeking mediation or alternative dispute resolution methods can be effective. Mediation involves a neutral third party facilitating a discussion between the parties to find a mutually acceptable solution. This process encourages constructive dialogue and can help neighbours identify common ground and reach compromises. Alternative dispute resolution mechanisms, such as arbitration or expert determination, may also be considered, depending on the nature and complexity of the dispute.

Understanding Legal Considerations

Garden alterations must comply with local planning regulations and legal requirements. Familiarise yourself with the relevant laws, such as permitted development rights, which dictate the types and sizes of structures that can be built without planning permission. If planning permission is required, ensure that the necessary approvals are obtained to avoid potential legal issues. It is advisable to consult with a law firm specialising in property matters to ensure compliance and mitigate any risks.

Boundary Disputes and Encroachments

Garden alterations can sometimes lead to boundary disputes or encroachments. It is crucial to ascertain the exact boundaries of your property and engage a professional surveyor if necessary. Clear documentation, such as title deeds and land registry records, can provide clarity on boundary lines. If a dispute arises, seek legal advice to understand your rights and options for resolution, which may involve negotiation, mediation, or, in extreme cases, legal action.

Seeking Legal Advice

When neighbour disputes become challenging to resolve or involve complex legal issues, seeking advice from a law firm experienced in property disputes is highly recommended. Property lawyers can provide expert guidance, assess your legal position, and help explore potential solutions. They can also represent your interests in negotiations, mediation, or court proceedings if required, but by taking proactive steps to address disputes, property owners can maintain harmonious relationships with their neighbours and enjoy a peaceful and pleasant summer season.

M&P Commentary

Holly Minney, Head of Dispute Resolution, said:

“Dispute can arise between neighbours for many reasons, its important that these dispute are settled quickly, with a view to maintaining amicability between the parties.”

OUR CLIENTS SAY ABOUT US

Ranked highly in Romford and Brentwood for solicitor firms

Family
The service I received from Allison was exceptional. Always highly professional and informative.
Virginia
Wills
Mullis and Peake are very efficient, professional and friendly company to deal with. Excellent service throughout.
Brian
Employment
Excellent, swift service from Esther at Mullis & Peake. Showed clear expertise in her field & walked me through everything patiently & thoroughly.
Dan
Company and Commercial
I found the service provided was excellent from start to finish, with our requirements met in a timely manner throughout.
Gary
Wills
Staff very helpful and friendly. Trudi was easy to talk to and to understand the procedure.
Pamela
Dispute resolution
We contacted Martyn to deal with a sensitive Will dispute and we can’t thank him enough for his commitment and hard work.
Salena
Residential Property
Very prompt. Experienced. Expert. Friendly.
Trevor
Commercial Property
Excellent service and far quicker than previous negotiations using a different solicitor.
John
Family
At all times I was kept informed about the progress of the case and everything was completed in a timely fashion.
Melanie
Personal Injury
Martyn undertook and guided me through the lengthy process [of a personal injury case], and after much work, achieved a successful result.
Shirley

Related News insights

Employment Advice, Employment Advice (For Business), Legal, Employment Disputes
Why employers need a reflective response to employee beliefs
Legal, Wills & Power of Attorney
Can an executor change a Will?
Movers & Shakers, Mullis & Peake
Saying Goodbye to Roger and Jenny
Commercial Property, Legal, Commercial Property Disputes
Amendments to the General Permitted Development Order