EXCLUSIVE Expert reveals the rules homeowners must know to stop noisy neighbours and planning disputes ruining your dream house - and the simple trick people can forget about that can save them thousands of pounds

Daily Mail​

20-05-2025

An Englishman's home is his castle, as the saying goes, and many will go to great lengths to protect their treasured land and do what they want within its borders.
But homeowners also need to be aware of a raft of potential legal pitfalls and neighbour disputes, from rights of ways to fences and hedges to driveways.
Others need to be alert to causing excessive outdoor noise, trimming overhanging tree branches, putting up CCTV cameras and even kicking footballs over the fence.
One of the simplest pieces of advice to avoid a legal case costing thousands of pounds is for the homeowner to speak to their neighbour first in an attempt to find a resolution, while mediation can also be a cheaper alternative than going to court.
But Britons can also fall foul of planning laws, such as if they get permission for a construction on their land before changing its use without telling the local council.
Today, MailOnline reported on a couple who have been ordered to demolish a million-pound property they secretly built in Cambridgeshire before moving in.
Another case this week saw the High Court rule that repeatedly kicking footballs over a neighbour's fence and into their garden is a nuisance under common law.
And Big Brother winner Kate Lawler revealed she had got into trouble with her neighbour after her gardener painted the back of their shed without permission.
Now, MailOnline has worked with Chris Marsden, a partner in the property litigation team at Steele Raymond LLP, to look at ten potential disputes you could face:
Scaffolding going onto your land
When a neighbour is carrying out maintenance or extension works to their property, there is a good chance they will require scaffolding to be installed first.
While the process to put up and later take down scaffolding can be very noisy, this cannot easily be avoided and is usually completed within a few hours.
But if your neighbour's scaffolding is erected on your property or overhangs it, this could technically be trespass if consent was not given in advance.
If trespass can be established in court, the scaffolding should then be removed by the party it was erected by - and they could also have to pay damages and costs.
Mr Marsden said: 'People often forget to consider if consent from their neighbour is required prior to erecting scaffolding.
'In short, if it oversails onto the neighbour's property then it could be trespass. The neighbour could then take action to require it be removed.'
A dispute can be prevented by issuing formal consent set out in an Access Licence which permits scaffolding that might encroach onto neighbouring land.
The party wanting to erect the scaffolding could also apply to court for an Access Order under the Access to Neighbouring Land Act 1992. This can give access on terms deemed reasonable by the court, which is normally for maintenance only.
Mr Marsden added: 'The best advice is to discuss all plans with your neighbour. Try to be reasonable and try not to fall out. It really can be an expensive and unpleasant process when neighbours litigate over these things.'
Kicking footballs over the fence
Anyone who lives next door to a young family or school is likely to have had a few stray balls land in their garden – but the High Court ruled this week that this can become a breach of common law if it happens often enough.
Mohamed and Marie-Anne Bakhaty, who own a house with a large garden and swimming pool, were awarded damages after bringing a legal claim against Hampshire County Council, complaining that footballs from a neighbouring school were landing in their garden.
Mrs Bakhaty told the court in a witness statement that over a period of 11 months, some 170 balls fell into their garden.
Judge Philip Glen ruled that balls being repeatedly kicked over a fence from a school into a neighbouring property's garden were a nuisance.
But he refused to grant an injunction stopping the use of the all-weather play area at Westgate School in Winchester.
Mr Marsden said: 'In essence, a private nuisance involves an unlawful interference with a person's use or enjoyment of their land. In theory that could be triggered by regular intrusion by footballs provided it is happening repeatedly.
'If it's been ongoing for a long time, but it is a new neighbour has a problem with it, then that does not help. It is one of the most well-established principles of the law of nuisance that there is no defence to the landowner that the claimant 'came to the nuisance'.
'In theory, it would be possible to obtain an injunction to restrain the neighbour from kicking footballs over the fence. But the courts would much rather see neighbour disputes kept out of court unless absolutely necessary.'
He added that the parties might instead be encouraged to take practical steps to limit the impact, such as using nets, softer balls and/or agreed playing times.
Neighbour building another house on their land
If your title deeds include a covenant stating that your neighbour cannot build another house on their land, they could still obtain planning permission.
However, you may be able to seek an injunction preventing them from carrying out the development.
Mr Marsden said: 'Enforcing covenants in deeds is separate to planning law.
'So, even if your neighbour has planning permission to build something, you may be able to seek an injunction preventing them from carrying out the development provided you have the benefit of the covenant that restricts the development.
'The story might not end there as the neighbour could apply to the Lands Tribunal to relax the covenant upon certain conditions being satisfied.'
This week, Jeremy Zielinski and his wife Elaine were given permission for a two-storey commercial building for a stallion semen collection centre and laboratory in Cambridgeshire, with a small first floor flat for staff.
But while the outside of the property in 17 acres of land they bought in Great Abington adhered to their planning application, they turned the interior into a well-appointed three-bedroom home with stunning feature windows overlooking the countryside.
Council officials got wind of the subterfuge and issued an enforcement notice in 2023 to tear the structure down.
The couple appealed against the order on the grounds that it was excessive and the property could simply revert to the permitted use.
But a planning inspector threw it out after seeing evidence they had 'constructed a dwelling from the off' and criticised them for their 'clear and flagrant breach of planning policy'.
Boundary disputes
Disputes over where your land ends and someone else's begins can become complex given the actual boundaries are not always entirely clear from a map.
Neighbours could find themselves disagreeing if a boundary structure such as a wall or fence is moved, and there is not an obvious solution in the title deeds and plan.
Those involved in a dispute could ask a specialist boundary surveyor to draw a plan of the area, or ask a property disputes solicitor to look in detail at the title deeds.
Experts also advise mediation in some cases to avoid the expensive process of having to go to court.
Mr Marsden said Land Registry 'official copy' plans are generally not definitive in relation to the exact position of a boundary, adding: 'Establishing the precise legal boundary is not an exact science, particularly for rural land.'
He continued: 'Establishing the position of the boundary needs careful attention to historic deeds that are available, including any descriptions of the boundary, and studying features on the ground – usually requiring the input of an expert boundary surveyor.
'Mediation can be an excellent alternative to court proceedings for resolving particularly tricky boundary dispute issues. There is also a much better chance of preserving some kind of healthy neighbour relationship if court litigation can be avoided.'
Trespassing
Trespassing is normally defined as entering a property without the owner's permission; or entering a property with permission, but then refusing to leave when the permission is withdrawn.
But aside from the issue of scaffolding mentioned earlier, trespass disputes can also often come up if there is a disagreement over the land at the edge of some properties.
Other possibilities include parking on someone's land without consent, using private land as a shortcut or encroaching across a boundary line.
Another is flytipping, defined as leaving personal belongings or litter on someone else's property.
Kate Lawler revealed on Sunday that she had a dispute with her neighbour after painting the back of their shed.
The Big Brother winner said her gardener had painted it because she didn't like the colour, but her neighbour was furious she had done so without permission.
The TV personality said she later discovered it was in fact illegal and considered trespassing.
Noisy neighbours
A private nuisance is defined as anyone doing something on their land which causes an inconvenience to someone enjoying their land.
How this is interpreted however is often a point of disagreement – and much of it boils down to what is considered as 'ordinary use'.
If it is deemed occasional and normal use, including the occasional barbecue with friends around with music on, such one-off events are probably not likely to be considered a private nuisance.
However, if every evening between 5pm and 8pm you were doing an activity with loud music, you are more likely to trigger a complaint given that is not a normal use of a garden on a daily basis.
Mr Marsden said: 'The ordinary and reasonable use of the home is a highly relevant consideration in a private nuisance claim. Courts will assess whether the noise or activity complained of goes beyond what's expected from ordinary use and occupation of a property.
'If your neighbour is simply using their home in a normal way, even if it causes some minor inconvenience, it may not amount to a nuisance. Ultimately, it's a balancing act.
'For example, a neighbour mowing the lawn on a Saturday afternoon or children playing outside during the day - this would be considered normal residential activity.
'Conversely, regular late-night parties, loud music every evening that affects your sleep or health - these may exceed ordinary use and support a claim.'
Homeowners concerned about a noise nuisance who have had no luck raising the issue with the neighbour in question could speak to their council and ask their environmental health team to investigate.
If the council believes it is a statutory nuisance under the Environmental Protection Act 1990, they must serve an abatement notice.
Right of way and driveway disputes
The blocking of a right of way to a property can cause a major dispute if your neighbour puts an obstacle in place then refused to remove it.
This could include something from their land blocking an access gate which makes it harder to drive or walk into the property.
Homeowners who do not get anywhere when speaking to their neighbour could go to a property disputes solicitor and get them to write a letter.
A letter from a solicitor can often result in action by a neighbour to avoid having to fight a legal case, but this can also lead to increased tensions between owners.
Overhanging tree branches
Cutting a neighbour's tree or branches is allowed as long as you don't cross into their boundary.
However, care must be taken to establish in advance whether the branches are part of a tree under a Tree Preservation Order.
While the property's boundary is often clear from a fence in place, this could also not be the actual boundary on a title deed.
While many neighbours will be happy for you to prune their trees for them over your side of the property, you could make an informal boundary agreement with them.
Mr Marsden said: 'Provided a tree's branches are trespassing onto your side of the property, you are allowed to trim the branches from your side of the property.
'But it is important to check the tree is not protected by a Tree Preservation Order or other council regulation prior to cutting.
'In theory, the trimmed branches belong to the tree's owner, so technically you could offer to return them. But the better advice is to discuss your plans with the neighbour and explain that you will dispose of them properly unless they say otherwise.'
Trimming your own hedge
You may think that a neighbour's hedge is too high and blocking light to your house or affecting your space.
Half of homebuyers face £3,000+ repairs in first year after skipping survey, study claims
Nearly half of homebuyers who skip a professional property survey end up facing significant and costly repairs within just a year of moving in, a study claimed today.
Some 44 per cent needed expensive remedial work within a year of purchase - with 49 per cent of these spending over £3,000, and 15 per cent facing bills exceeding £10,000.
The most common issues uncovered were electrical rewiring (32 per cent), window replacements (30 per cent), roof repairs (30 per cent), plumbing and drainage issues (30 per cent) and damp treatment (26 per cent).
The study of 2,000 recent UK homebuyers, commissioned by property preservation firm Peter Cox, said 15 per cent of respondents admitted to not commissioning any form of survey before purchasing their home.
Homeowners are must try to settle a dispute about a high hedge informally before the council can intervene, according to the Government.
They are also advised that a complaint form can be requested if the hedge is: 'two or more mostly evergreen or semi-evergreen trees or shrubs'; 'over two metres tall; and 'affecting your enjoyment of your home or garden because it's too tall'.
Similar to overhanging tree branches, you can trim bits of the hedge that cross into your property from a neighbour's property or a public road.
But if a hedge is growing along the shared boundary, then both you and your neighbour are legally responsible for trimming it.
Homeowners are also warned when trimming hedges that intentionally encroaching on the habitat of birds is an offence under the Wildlife and Countryside Act 1981.
The Royal Society for the Protection of Birds (RSPB) advises checking for active nests before cutting – and that cutting between March and August should be avoided, as this is typical breeding season.
CCTV
Installing CCTV or doorbell cameras is becoming an increasingly popular way to deter thieves and keep your property secure.
However, homeowners also need to be respectful of their neighbours' rights to privacy - and should put up notices saying that recording is taking place.
Some neighbours may actually appreciate CCTV pointing into their property as it could be useful if they ever need evidence from a break-in, for example.
But for those who do want their property recorded in any way, there could be a legal challenge on the basis of their right to privacy being breached.
As with all the other points, it is always best to speak to your neighbour first and tell them of your intentions with CCTV cameras to avoid problems down the line.