If you are concerned about noise including loud music, shouting, burglar alarms or building works from a neighbour a polite and informal approach is probably most likely to lead to a mutually agreeable resolution.
If your neighbour continues to make what you believe is an unacceptable level of noise you should keep a record of dates and times as evidence to support any formal complaint you make in the future.
Common sense approaches such as locating TV’s and other audio equipment away from party walls can help to reduce the risk of complaint as can warning neighbours about any anticipated noisy activity such as DIY or a party. Continued problems can be reported to the Environmental Health department of your local authority who will investigate and consider taking appropriate action.
Environmental Health Officers have the right of entry to deal with an offending noise and can often be contacted at short notice, including weekends. In Scotland, if specific noise control provisions are adopted by a local authority anyone contravening this may be guilty of a criminal offence and subject to prosecution or a fixed penalty notice.
Trees and hedges
Unless there are specific local byelaws, covenants or preservation orders the height of trees or hedges is not restricted. If they overhang your garden, then you can remove the offending excess growth yourself if they are not protected legally and if a request to your neighbour to trim has been ignored. You should return the trimmings to your neighbour in a respectful manner. Similarly, if their roots have spread into your property you can remove them using the least damaging method available.
If damage has occurred to your property by the tree or hedge the owner may liable for any damage caused but only if you can show they knew or could reasonably have been expected to know of the danger. Involving your insurance company can help here and written warnings of potential damage may help to stimulate action by the grower. Dangerous trees or those overhanging a road are the responsibility of the local authority to take action over.
In England and Wales, if you are unable to reach an agreement in a dispute with your neighbour over the height of their hedge, a complaint can be made to the local authority. The Local Authority can make a charge before responding to the complaint, but their involvement can result in a requirement that the hedge or tree height is reduced.
Fences and walls
The height of walls and fences is restricted, without the need for planning permission, to a height of 2 metres, or 1 metre if adjacent to a highway. Ownership of them is confirmed by the title deeds of your property, although this can be over-ruled by ten years of encroachment. If boundaries are jointly owned, then repairs to them should be shared.
Pets
Although cats and dogs are considered to have the right to roam their owner may be liable for any damage caused by their behaviour. If the owner does not prevent them from entering a neighbouring property, the property owner can erect a fence or wall to exclude access although may be liable for any injury caused to the pet by any barrier. If you own an unusual or potentially dangerous pet, you are expected to take steps to prevent them straying.
Party walls
In England and Wales buildings with party walls are subject to the rules of the Party Wall Act. This includes both building and garden walls that are separate land owned by different owners. Owners of adjoining properties must be notified in advance of any work that is to be undertaken on such walls even if the work is only on the side of the owner carrying out the work. Although there are no enforcement procedures if the correct procedure is not followed the adjoining owner could have the work stopped, resulting in delays and additional costs.
Light
Although there is no legal right to light reaching your property if it has been receiving the benefit of light for more than 20 years you may have acquired what is known as “ancient lights”. Any right to light is restricted to light through windows rather than light on areas of the exterior or garden. The law also recognises that some loss of light is acceptable, so the protection offered by this legislation may be limited. If a nearby development threatens to adversely affect your right to “ancient lights” you can object to the granting of planning permission or may have recourse to a claim for nuisance.
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