It regularly happens that neighbours fall out with each other about the boundary of their plots or are bothered by building activities or planting near the boundary of a plot. It might also happen that a neighbouring plot is used as a right of way to a neighbour’s own plot. What can you do if you start arguing about the boundary of a plot? What can you do if you are inconvenienced by the neighbouring plot? And are you obliged to give neighbours a right of access?
Neighbours’ statutory rights and obligations
When the boundary between two plots is uncertain, the owners can ask the court to determine the boundary. In that case it is important to what extent the boundary is shown in the land registry, but the way in which the plot is actually divided by a boundary (e.g.: by a wall, hedge or ditch) also plays a role.
Lapse of time
It is possible to gain ownership on the basis of a lapse of time if someone has used a plot for a long time as though it was his own property. GMW lawyers can show you which legal route to take.
Neighbours obviously have to take each other into account, but problems still arise when neighbours are a nuisance. The legislation has imposed specific limits on construction or planting near the boundary of a plot, but which limits exist when the nuisance is caused, for example, by sound, vibrations or unpleasant smells? And which rights do you have regarding nuisance caused by the drainage from the neighbouring plot? We would be pleased to help you with these difficult situations.
An easement is a liability with which one plot is encumbered for the benefit of the other plot. This can concern a right of access, but also, for example, the right to run cables and pipelines under or over the neighbour’s plot. An easement generally entails a significant limitation on the right of ownership and once agreements exist they are not easy to change. In addition, your legal successors will also remain bound by the conditions of the easement. Therefore it is important to be informed in good time. GMW lawyers will be pleased to help you with its specialist knowledge and experience in this field.
Get help with neighbours
Please contact us for more information or to discuss your situation.
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