I have a dispute with my neighbour do I have to go to Court?

There are alternatives to going to court. Court and the lead up to any court case can be very stressful and expensive.   If it can be avoided it is a good thing. It may be that a legal agreement is needed, in which case Court maybe the only answer. Though co-operation from the neighbour would be needed with what is called “Alternative Dispute Resolution” there are four possible options:

Negotiation – Chat “over the fence”? Simple discussion just between the parties. However, any agreement reached “over the fence” would not be legally binding, but might serve to help on going relationships.

Mediation – Some third party involvement. A third party is useful if the parties want a little distance.

Any mediator would try to help the parties come to an agreement and would see both sides individually.  They are a “go-between” helping the parties to define the issues and it is the parties who make their own decision.  They cannot influence the proceedings.  If a decision is reached and written down it can become legally binding.  Mediation Services tend to concentrate on family matters: from Divorce to child care.   In a neighbour dispute a Solicitor could always mediate – but then there will be costs.

Conciliation – This is more third party involvement and the conciliator has some influence over the proceedings, taking a more pro-active role, making suggestions in an attempt to bring about an agreement. However, this method of dispute solving is usually used in business. An example would be ACAS (Advisory, Conciliation and Arbitration Service). www.acas.org.uk ACAS can be found dealing with employment matters and would try to prevent the need for using Tribunals.

Arbitration – Used in business and there can be an agreement in the original contract to use this Alternative method of Dispute Resolution. Alternatively, disputing parties can go to Arbitration any time.  Arbitration is more formal (but not as formal as the Courts) and is in fact regulated by the Arbitration Act 1996. Any decision made by the panel will be legally binding on the parties.

As you can see a lot of Alternative Methods of Dispute solving are aimed at business. Neighbours might have to look elsewhere for a remedy to their problems.

What is the problem?  Overgrown conifers?   Noisy parties?   General trouble making?  Boundary disputes?    There are other places to look for assistance if the matter cannot be resolved mutually. Mediation is an option as we have said.  Conifers?  High Hedges Legislation and Local Authorities. Noisy parties – police intervention or again Local Authority, usually Environmental Health Departments. Boundary disputes? The Land Registry might be able to confirm a boundary line. Is the property rented? Try the landlord.  As ever there is the option to employ a Solicitor to do the negotiating for you.

Finally – do not forget that these days, any neighbour dispute has to be declared in the process of selling your property….another every good reason for trying to settle amicably!

For full details see Chapter 4.