Garden Alterations and Neighbour Disputes - How do I resolve Summer conflicts?

With the arrival of summer, many residents take to their gardens to enjoy the warm weather and make alterations to enhance their outdoor spaces. However, such garden alterations can sometimes lead to disputes between neighbours, causing tension and disrupting the serenity of the summer season. 

From trees and fences on boundary lines to building new structures for your unique gardening plans, a range of innocent actions can spark a dispute between neighbours. If a conflict does arise, it's important to maintain a harmonious relationship with your neighbours. This can be facilitated by resolving such disputes amicably and understanding the legal considerations concerning garden alterations. 

​This article will delve into common garden alteration issues, suggest guidance on resolving disagreements, and shed light on the legal aspects relevant to property owners.

Common Garden Alteration Issues

Garden alteration issues can arise from various factors: 

• Changes to garden structures
• Planting trees or hedges
• Installation of fencing
• Construction of outbuildings. 

These factors cause various concerns, such as obstructed views, loss of privacy, noise disturbances, potential damage to property, impact on natural light, and trespass on your neighbour's land. 

These occurrences may impact you or your neighbour's enjoyment of their property, so it is essential to approach these issues sensitively. Understanding all parties' specific concerns and interests is crucial when attempting to find mutually agreeable solutions.

Open and Respectful Communication

Resolving neighbour disputes begin with open and respectful communication. We suggest alleviating tensions by conversing with your neighbour and explaining the situation from your perspective. Listening to their concerns and demonstrating empathy are equally important. A calm and respectful dialogue is often effective in reaching compromises or mutually beneficial solutions that address the interests of both parties.

Mediation and Alternative Dispute Resolution

If direct communication does not yield an amicable resolution, seeking mediation or alternative dispute resolution methods is the next step. 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 services, 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 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 problems in the future.

Boundary Disputes and Encroachments

Garden alterations can sometimes lead to boundary disputes or encroachments. It is crucial to identify the exact boundaries of your property and consult a professional surveyor or seek legal advice if necessary. Clear documentation, such as title deeds and land registry records, can clarify 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 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. By proactively addressing disputes, property owners can maintain harmonious relationships with their neighbours and enjoy a peaceful and trouble-free summer.

Our Property Litigation expert, Helen Porter, has many years of experience resolving land and neighbour disputes. Helen expressed, "I strongly recommend resolving disputes amicably between the land owners wherever possible. Court proceedings can often be expensive and affect the value of your property. A future buyer would be more likely to show interest in purchasing a property if the matter was settled amicably. Unresolved conflicts or disputes resolved through the Court may deter prospective buyers. Unfortunately, I have seen instances where disputes proceed to Court, and only one party leaves with a successful outcome. It can leave bad feelings on both sides, which may deter someone from moving in next door."

For more information and advice on property and land disputes, please get in touch with our litigation and dispute resolution team on 023 8063 9311 or email us at enquiries@warnergoodman.co.uk.