Taking the sting

out of neighbour
disputes
Tuesday 21 April 2020

David Powell FRICS

James Kavanagh and Martin Burns RICS
© 2018 RICS
Neighbour Disputes

Our lives are constantly affected by our relationships with other

people. Some relationships are temporary, others are long-
lasting. Some are unavoidable, such as relationships which
arises from our interaction with the people who live next door to
us, or above us, or below us or just nearby.

These are our neighbours.

There are around 70 million people living in Britain. Almost all of

them have at least one neighbour.

© 2018 RICS DRS

Neighbour Disputes

What types of neighbour disputes arise?

What are the main causes?

What methods exist to resolve them?

© 2018 RICS DRS

Neighbour Disputes

Disputes between neighbours come in many forms and have

many different causes

A key problem with neighbour disputes is that they are often

excessively acrimonious. Resolving them can be immensely
expensive and time-consuming .

To identify possible solutions, and carry out a study, we sought

the views of a number of key stakeholders on the following
general questions:

© 2018 RICS DRS

Common types of neighbour disputes

Boundaries - The position of a fence, building a wall or other barrier, a new extension, these and more matters
are the source of many boundary related disputes

Noise - A common complaint raised by people is to do with noise. This can also be related to loud, abusive
anti-social or even violent neighbours

Trees and hedges - Overhanging gutters and other structures that encroach on a person’s land are common
sources of conflict

Shared amenities - Driveways, paths, gates

© 2018 RICS DRS

Terminalia - a day for borders

23rd February
“Neighbours gather sincerely, and hold a feast,
And sing your praises, sacred Terminus:
You set bounds to peoples, cities, great kingdoms:
Without you every field would be disputed.”

From Ovid's Fasti (Festivals) Book II

© 2018 RICS DRS

Fences, driveways, mystery features

© 2018 RICS DRS

Causes of neighbour disputes
There are many root causes of neighbour disputes, including:

• Natural or manmade changes in land features or formations

• Ambiguous (or at least unclear) legal descriptions in the
deeds to adjoining properties
• Unclear or confusing language in deeds
• Inconsistent, incomplete or inaccurate plans, mistakes in
official plans, or other human error…..
• Assumptions made by neighbours who lack legal and/or
technical knowledge

© 2018 RICS DRS

Paper-Title and HMLR

© 2018 RICS DRS

Resolving neighbour disputes (the
reality)
People stop talking to each other

They fail to make informed decisions based on professional

advice

They won’t give an inch

They want their day in court

“Principle”… the word that often crops up

© 2018 RICS DRS

Neighbour disputes

Disputes between neighbours come in many forms and have many different causes

A key problem with neighbour disputes is that they are often excessively acrimonious.

Resolving them can be immensely expensive and time-consuming

© 2018 RICS DRS

Impact of COVID – 19

One of the, probably not too surprising, upshots from the

COVID-19 Lockdown has been a steadily increasing volume of
'neighbour disputes'.
The RICS working group (currently working on a new
Boundaries 4th ed GN and finalising the latest Party Walls
consumer guide) have provided an interesting insight into how
this specialised sector is dealing with remote mediation, court
proceedings (again remote), site investigation (desktop but
some solitary survey work ongoing dependent on personal
distancing) and a discussion on the increase in 'queries'.
This will tie in with the new 'Boundaries mediation court
appointed panel' that is planned for development later in 2020
(C19 permitting).

© 2018 RICS DRS

Resolving neighbour disputes

There is increasing legal pressure on parties to avoid court

action if possible

Neighbours will naturally desire quick, cheap, informal

resolution

They may wish to avoid having personal issue aired in public

Neighbours will want/need to know how long and how much it

will cost to resolve their dispute

© 2018 RICS DRS

Methods for resolving neighbour disputes

Negotiation - talking to each other and finding an agreed solution

Mediation – facilitated negotiation with the aim of achieving an agreed solution

Expert Determination – achieving resolution using the expertise of someone who is an expert in the subject
matter – can be binding or non-binding

Litigation – “The last resort”

RICS/PLA dispute resolution - neighbour dispute service

© 2018 RICS DRS

RICS/PLA dispute resolution -
Neighbour Dispute Service
Launching this summer

Options include mediation and expert evaluation

Mediation option designed and offered jointly by RICS and the

PLA

Mediator will be surveyor or lawyer who will have experience in

dealing with boundary and other types of neighbour disputes

© 2018 RICS DRS

RICS/PLA dispute resolution -
Neighbour Dispute Service
Expert Evaluation option
Evaluation provides a non-binding, fully-reasoned, assessment
on the issue(s) in dispute and the strengths and weaknesses of
each neighbour’s case, should the matter proceed to litigation.

The Evaluation can include non-binding recommendations for

settlement or, if the neighbours choose, the evaluation can be a
final and binding settlement

© 2018 RICS DRS

 Taking the sting
out of neighbour
disputes
Tuesday 21 April 2020

David Powell FRICS

James Kavanagh and Martin Burns RICS
© 2018 RICS