When to Get a Neighbour Dispute Solicitor Involved?

If you are reading this, you may be wondering if the time has come to contact a neighbour dispute solicitor? Neighbour disputes are unfortunately a common occurrence in the UK, and can arise due to a variety of reasons such as boundary disputes, noise issues, and disputes over shared driveways.

These conflicts can be a major source of stress and frustration for those involved, and can sometimes escalate to the point where legal intervention becomes necessary.

Instructing a neighbour dispute solicitor will usually become necessary if your neighbour isn’t willing to communicate or compromise, mediation has not worked and the dispute involves a complex legal issue or if you need to enforce a court order.

That’s where a solicitor can come in. With their legal knowledge and experience, they can help you navigate the complexities of a neighbour dispute and work towards a resolution that is fair and satisfactory for everyone.

However, involving a solicitor in a neighbour dispute can be a significant expense, and it’s not always clear at what point to instruct a solicitor.

In this article, I will explore the circumstances under which it may be appropriate to involve a solicitor in a neighbour dispute. By understanding the legal options available to you, you can make an informed decision about whether to seek legal assistance, and ensure that your rights and interests are protected throughout the process.

Nature of Neighbour Disputes

Neighbour disputes are disagreements between neighbours that can arise for a variety of reasons. Some of the most common causes of neighbour disputes that a solicitor could help you with include:

• Boundary disputes
• Noise complaints
• High hedges and trees
• The right to go onto your neighbours land for maintenance reasons
• Party Wall disputes
• Japanese knotweed
• Building and construction disputes
• Rights of Way
• Parking and shared driveways

It’s important to understand that neighbour disputes are a normal part of life in any community. However, it’s also important to resolve these disputes in a timely and fair manner to try and maintain a relationship with your neighbours.

When neighbour disputes are not resolved, they can escalate and lead to more serious conflicts, that require legal action or police involvement.

Steps to Take Before Involving a Neighbour Dispute Solicitor

Before you involve a solicitor in a neighbour dispute, it’s important to take some initial steps. You should try and resolve the dispute through informal means first and get a solicitor involved as a last resort.

Informal Actions To Take

Try taking the following actions first to see if the matter improves:

1. Talk to your neighbours first and explain politely the issues they are causing and try to come to a compromise.
2. If talking to them doesn’t help, write a letter to your neighbour and ensure to keep a copy of the letter. In the letter explain the specific issues you are having, the impact it is having on your life and your next steps. If your issues are with neighbours in a tenanted property or students you can state that you will be contacting the landlord, council, and university if the issue doesn’t improve.
3. If appropriate, contact the landlord or managing agent if there is no improvement.
4. Contact your local council to make a complaint if appropriate, such as a noise complaint or an issue related to health and safety. I have a detailed guide on all you need to know about making a complaint to the council about a neighbour that you can read here.
5. Keep a log and evidence of the dispute, with the date and time, as this will come in useful if you do need to contact a solicitor.

In some cases, legal action may not be the best solution. There are alternative dispute resolution methods, such as mediation or arbitration, that can help to resolve disputes quicker and more cost-effectively.

Mediation

Mediation is a process in which a neutral third party, known as a mediator, helps neighbours in dispute to reach a mutually acceptable resolution to their issues. The mediator would facilitate communication and negotiation between you and your neighbour to both to identify the underlying concerns and to explore options for resolving the dispute.

In the UK, mediation is often used as an alternative to going to court, as it is generally quicker, less expensive and less formal than the court process. It is also often seen as a more constructive and amicable way to resolve disputes, as it encourages neighbours to find a solution that works for both sides.

Mediation is not legally binding, meaning that the parties are not obligated to accept any proposed solution. However, if an agreement is reached, it can be recorded in a written agreement that can be enforced in court if necessary.

In neighbour disputes, mediation can be used to resolve a wide range of issues, including boundary disputes, noise complaints, anti-social behaviour, nuisance complaints, right of way disputes, and party wall disputes.

Mediators who specialise in neighbour disputes can be found through organisations such as the Civil Mediation Council.

Arbitration

Arbitration is a process in which a neutral third party, an arbitrator, is appointed to hear evidence and make a decision on a dispute between neighbours. In the UK, arbitration can be used to resolve a wide range of neighbour disputes.

Unlike mediation, where the parties work together to come to a mutually acceptable resolution, arbitration involves the arbitrator making a final, binding decision on the dispute. The decision is typically based on the evidence presented by the parties and the applicable law.

Arbitration can be an alternative to going to court, as it is generally quicker and less formal than the court process. It can also be less expensive than going to court, depending on the complexity of the case.

The parties must agree to use arbitration to resolve their dispute, and they can choose the arbitrator themselves or have one appointed for them. The arbitrator’s decision is final and binding, and can only be challenged in limited circumstances, such as if there was a serious irregularity in the arbitration process.

Arbitration is typically conducted in private, and the decision is not usually made public. It can be a useful option for neighbours who wish to resolve their dispute quickly and efficiently, without going through a lengthy and costly court process. However, it is important to seek legal advice before choosing arbitration, as it may not be the best option for every situation.

Understanding these alternatives dispute resolution options can help you to choose the most appropriate path for your specific situation.

Signs That You May Need to Involve a Solicitor in a Neighbour Dispute

There are certain signs that may indicate that it’s time to involve a solicitor in your neighbour dispute. These may include an unwillingness to negotiate or compromise, threats of legal action, or complex legal issues that require expert assistance.

Some of the signs that indicate it may be appropriate to seek legal advice include:

The dispute cannot be resolved through negotiation and compromise

Sometimes, no matter how much effort you put into trying to resolve a dispute with your neighbour, the issue just cannot be resolved. In these cases, involving a solicitor may be necessary to help mediate the situation and find a resolution that is acceptable to both parties. In most cases, the matter is resolved when your neighbour has received a formal letter from your solicitor, but sadly some matters end up having to go to court to be resolved.

The dispute involves a significant financial interest

When a neighbour dispute involves a significant financial interest, such as a property dispute over a large sum of money, it may be necessary to involve a solicitor. A solicitor can help you navigate the legal process and protect your financial interests.

Threats of legal action

If your neighbour is threatening or has already instructed a solicitor, it may be worth getting legal advice yourself to ensure that you don’t do anything that will be detrimental to your case.

Complex legal issues

If your neighbour dispute has complex legal issues, such as boundary issues or planning disputes it may be prudent to seek a specialist solicitor who can ensure you have the strongest case.

Legal action is necessary to enforce a court order

If a court order has been issued in a neighbour dispute and one party is not following it, legal action may be necessary to enforce the order. A solicitor can help you take the necessary steps to enforce the court order and ensure that the dispute is resolved.

Working With a Solicitor: What to Expect During the Process

If you decide to hire a solicitor for your neighbour dispute, it’s important to understand what to expect during the process. This may include initial consultations, legal research, drafting legal documents, and negotiating with the other party, before finally reaching a settlement.

I know from experience that some individuals feel a little apprehensive instructing solicitors, especially if it is your first time contacting a law firm. I always ensure to put my clients at ease, so they feel comfortable to ask me any questions. You should feel that your solicitor is approachable and explains the situation is simple language that you can understand.

Understanding the process can help you to better prepare and participate in your case. Each solicitor will do things slightly different but generally a case will follow the steps below:

• Initial meeting (face to face, phone, or video) where the solicitor will take an overview of the issues and provide some initial advice. The solicitor will provide an estimate of time scales and an overview of the process. They will also confirm their hourly rate and how they charge for their time.
• If you instruct the solicitor, they will send you a Client Care letter that covers the terms and conditions such as what they are instructed to do, their responsibilities, your responsibilities, the timescales and costs. It should also explain how you can make a complaint. The Client Care letter is basically your contract with your solicitor, so ensure to read it carefully.
• The solicitor will do a conflict check to ensure that your neighbour hasn’t already instructed them.
• You will also have to provide your Identification.
• Once you have returned all of the initial documentation, your solicitor will commence work. Your solicitor should keep you updated throughout the case.

Resolving a neighbour dispute can be a challenging and stressful process, but with the right approach, it’s possible to achieve a positive outcome. This may involve finding common ground with the other party and negotiating a compromise. Working with a solicitor can help to increase your chances of success.

Benefits of Involving a Neighbour Dispute Solicitor

• Expert legal advice: A solicitor can provide expert legal advice and can help you to understand your rights, obligations and the best course of action.
• Negotiation: A solicitor can help to negotiate a settlement that is fair and just.
• Representation: A solicitor can represent your rights and interests throughout the legal process. Your solicitor will talk to your neighbours (or their solicitors) on your behalf, so you don’t need to talk to your neighbours directly.
• Enforcement of court orders: A solicitor can help to enforce a court order if necessary.

Choosing the Right Neighbour Dispute Solicitor

Choosing the right solicitor for your neighbour dispute is crucial if you want to resolve your neighbour dispute in a timely and fair manner. It’s important to find a solicitor with experience in your specific type of dispute, who you feel comfortable working with, and is transparent about their fees and charges.

Here are some factors to consider when choosing a solicitor:

• Experience and expertise: Look for a solicitor who specialises in neighbour disputes. This will help to ensure that you receive the best possible advice and representation.
• Availability and responsiveness: Choose a solicitor who is available and responsive. You don’t want to be left waiting for a response when you have an urgent issue that needs to be resolved.
• Fee structure and payment terms: Consider the solicitor’s fee structure and payment terms. You don’t want to be hit with unexpected fees when you’re already dealing with a neighbour dispute.
• Location: Is it a priority to have face to face appointments? It may be that a specialist isn’t in close proximity but could offer video appointments, so you need to weigh up what is important to you.

You can use the Law Society website to find a solicitor in your area, select ‘houses, property and neighbours’ and then put in your postcode. This will provide you with a list of local firms who you can contact.

How Much Will a Neighbour Dispute Solicitor Cost?

Instructing solicitors may seem like a daunting experience, especially if you haven’t used a solicitor before but it shouldn’t be. I find that clients main concern is how much it will cost and they worry that once the ‘clock starts ticking’ they will be presented with a huge invoice.

The cost of solicitors really depends on numerous factors, including the following:

• Complexity: The more complex the matter, the more time it will take and this will increase the overall cost. If your matter is very unique, then your solicitor may have to undertake legal research or obtain advice from a barrister, which can increase costs.
• Experience: Solicitors hourly rate will increase with the more experience they have. You may come across the term ‘PQE’, which stands for Post-Qualified Experience, meaning the years of experience the solicitor has after they fully qualified. A solicitor with 20 years PQE will obviously have a higher hourly rate than a solicitor with 5 years PQE. However, you shouldn’t be put off using a solicitor with a lower PQE, as they may be more up to date of the current law and have a modern approach compared to solicitor who has been qualified 30 years. I would recommend that it is more important to find a solicitor who specialises in your type of dispute.
• Location: The location does have an impact on the fees and if you instruct a solicitor in central London, it generally will cost more than using a local high street law firm.
• Service: This seems obvious but the fees will vary massively depending on what you want them to do. For example, you could just instruct the solicitor to send two letters to the neighbours in the hope that this will resolve the situation and this will cost a lot less, than if a matter goes to court.
• Fee Structure: Solicitors will either offer a fixed fee or on a time spent basis. If you have instructed the solicitor just to send a letter then this may be a fixed fee but the majority of cases will be on a time spent basis. This is because it is very hard to know exactly how much work is involved until they start working on the case.

It is worth noting that it is very hard to get Legal Aid for neighbour disputes, but you can use the Gov.uk website to see if your issue could be covered by Legal Aid.

If you are worried about legal fees, you can start with some free initial advice from the Citizens Advice Bureau.

Some Law firms will also offer a free 30 minute session, so you can do some research on local firms to you to see if this is on offer.

Final Thoughts

While many neighbour disputes can be resolved through communication, negotiation and compromise, there are times when involving a solicitor is the best course of action. If you’re facing a neighbour dispute that cannot be resolved, or your neighbour is unwilling to compromise, it may be time to seek the help of a solicitor. I hope that this article has shed some light on what to look out for.