Latest news with #neighbourdisputes
ABC News
5 days ago
- General
- ABC News
Here's what you should know if parking is a source of tension on your street
Is car parking a source of contention on your street? Maybe it's hard to find a spot, there's a neighbour who parks too close to your driveway, or caravans are being parked for long periods. If you want to tackle your parking problems, here are some things to consider. Parking issues are common across Australia, including in suburban Adelaide and growing regional towns. Louise Crawford is the Mayor of Port Phillip Council in Naarm/Melbourne, where parking can be tricky to come by — depending on the street. "We're incredibly limited in the amount of parking spaces that we have," she says. Katy Woods, a senior lawyer with Legal Aid NSW on Gadigal land in Sydney, says the organisation "regularly get calls about drivers who park outside another person's home or over someone's driveway". Estelle Grech is the policy manager at the Committee for Sydney, an urban policy think tank. In some instances, she says parking shortages are "perceived" because it's assumed changes or development in the area always equates to less parking. She says more housing needs to be planned near public transport so car space availability is less of an issue and people can choose not to have a car. Ms Woods recommends people contact their council if they're "consistently unable to park outside their home". She says most New South Wales councils have online forms to raise parking grievances. If you live in an apartment, Ms Woods suggests raising the issue with your strata manager instead. Ms Greche says expecting a park outside your home is not realistic in every area. "People need to remember that they don't own the street outside their house as well," she says. However, she adds "it makes sense to have a park ideally reserved directly outside your house" if you have mobility issues. Different Australian states and cities have a process to apply for an accessibility parking permit, mobility parking permit or an equivalent. The eligibility requirements and processes differ, but mobility limitation caused by a medical condition, injury or disability are common prerequisites. Additionally, Cr Crawford says Port Philip Council has a process for accessibility parking permit holders to request an accessible on-street parking space outside their home. The process is similar in other areas, and you can check with your local council. Cr Crawford says a "polite conversation" with your neighbour is warranted if their parking is obstructing driveways. While leaving an anonymous note on their windscreen might be tempting, Ms Woods says it's "unlikely to resolve the issue". "Be respectful, and keep in mind that there may be personal circumstances, such as mobility issues or illness, that your neighbours are dealing with." If you can't resolve the issue, a mediation service could be the next step. Mediation facilitators can be found online. Mis Woods says legal action should be a last resort and if you are ever "concerned for your safety, contact the police and seek advice about obtaining an [apprehended violence order]". Cr Crawford says that if driveway access is blocked, council can also tow the offending vehicles, which happens about four to five times a week in her area. Ms Woods also says, if a car is blocking the driveway of causing a hazard you can report it to police. The rules covering street parking differ from council to council and often vary drastically from street to street. In Port Phillip Council, Cr Crawford says the permit system has been tightened. She says at one stage there was a family that had eight residential parking permits. She says parking permits are now usually restricted to one per household for new residents. Permits also help set realistic expectations about parking availability in the area, Cr Crawford says. Cr Crawford says caravans and trailers being parked for long periods is "becoming a greater issue", and council is considering introducing new laws to address it. "In some areas where we don't have any parking restrictions ... people are turning them into private caravan and trailer storage areas." In NSW, Ms Woods says that if a vehicle is "more than 7.5 metres long or weighs more than 4.5 tonnes, it is classified as a heavy and long vehicle", which means there are additional rules for parking. She also recommends checking the relevant council website for information about where you can or can't park a caravan or boat trailer.
Daily Mail
5 days ago
- General
- Daily Mail
Seven bizarre property laws you might have broken without realising
When does annoying behaviour become illegal behaviour? When it comes to our homes and neighbours, working out when the line has been crossed is not always easy. It is why This is Money receives so many emails from frustrated readers about the latest disputes and disagreements on their street. We have been contacted about the house next door becoming a student HMO for six people, and a neighbour stealing someone's garden. We've had one reader emailing in about their neighbour's dog jumping up at their fence relentlessly, and another about the person upstairs removing carpets and causing an unbearable noise. Many off these involve lesser-known rules that can catch homeowners off guard. Darren Gallagher, property expert and founder of property consultants Elite Realty Invest, has shared seven of these strange – but legally grounded – property laws that are still in force. From urinating in your garden to being fined for hanging washing in your front lawn, the UK is home to some weird and wonderful property laws – many of which are still enforceable today. We asked two legal experts to explain the rules - what the consequences would be for those breaking them. Can you legally pee in your own garden? Technically, yes – but only if it's private and not visible to others. 'Whilst not itself illegal, if seen, you run the risk of indecent exposure,' says Mike Hansom, consultant for property litigation at BLB Solicitors. 'Also, if urine finds its way onto neighbouring property, causing damage, you risk your neighbour claiming damages for nuisance.' Declan Storrar, a solicitor at Hodge Jones & Allen adds: 'If your garden lacks privacy or you're doing it to be seen or cause alarm or distress, you could risk committing a public nuisance or indecent exposure offence.' You must offer cut tree branches back to a neighbour Branching out: If you cut a neighbour's tree which hangs over your garden, you must offer the branches back - though not much is likely to happen if you don't If a neighbour's tree hangs over your garden, you have the right to cut branches back to your boundary – but you are legally obliged to offer the cuttings back to the tree's owner. Throwing them back without consent or disposing of them could technically lead to a civil dispute. 'This is correct if the branches are cut from the neighbour's tree,' says Hansom. 'However, it is unlikely the neighbour would have a claim of any significant value if you did not return them.' Looking into a neighbour's window can be harassment If your behaviour causes distress, it can be classed as harassment - even if you do it from within your own home. This is the case if you persistently look into a neighbour's window, or another part of their property. If proven, the affected party may be able to seek legal action, including an injunction. 'It would be unusual for a single incident to amount to harassment,' says Hansom. 'However, it might do if it forms part of a general course of conduct that you know, or ought to know, amounts to harassment. 'Alternatively, it could breach privacy rights, especially if you recorded what you saw.' Declan Storrar adds: 'Repeatedly watching your neighbour through their window without consent can amount to harassment, nuisance, anti-social behaviour, or even voyeurism.' Mowing a verge outside your home could be illegal Many homeowners take pride in tidying the area at the front of their home – but if it is a grass verge, it may belong to the local authority. In this case, cutting, planting or altering it without permission may be considered unlawful interference. 'Such acts are likely to be unlawful, but the council is unlikely to pursue the matter in many cases,' says Mike Hansom. 'Mowing the land belonging to another is a civil trespass, and depending on the circumstances, it could be a public nuisance to interfere with the land if it forms part of the adopted highway. 'It could also be a criminal offence if the activity obstructs the highway.' Hanging washing in your front garden can be banned While it might seem harmless, certain councils restrict where washing can be hung – particularly in conservation areas or near listed buildings. These aesthetic controls can include bans on visible clothes lines, even on your own land. Declan Storrar says: 'Though not illegal, some areas have rules - set by the local authority, developers, or in the property's title deeds - that prohibit hanging washing in front gardens. Breaching these restrictions could result in a civil claim against you, or a fine.' 'If you have covenants on your property title, it could be prohibited,' says Hansom. 'If you own a leasehold flat or a house on an estate, you could be bound by covenants restricting activities such as hanging laundry. 'The same goes if you are a rental tenant. In addition, if you live in a conservation area, it might amount to a breach of planning control.' Your neighbour may have a legal 'right to light' If a window has received uninterrupted natural light for over 20 years, the property owner may have acquired a legal right to that light. Any new structure you build that blocks this light could be challenged in court. You may need planning permission for a driveway If you lay impermeable paving over more than five square metres of front garden without proper drainage, planning permission may be required. Without it, councils can issue enforcement notices and require the work to be reversed. 'Planning permission may be required for a driveway, depending on local regulations, the materials used, and the location,' says Storrar. 'Check whether your property is in a conservation area and consult your local authority before starting any work.' Hansom adds: 'Planning permission is often not required for a new driveway, provided you meet certain conditions. 'However, planning policy varies significantly across the country, so it is essential to check the law as it applies in your area. 'You will likely need the highway authority's permission to install a dropped kerb. Without this, it would be lawful for others to park their cars in front of your new driveway.' Best mortgage rates and how to find them Mortgage rates have risen substantially over recent years, meaning that those remortgaging or buying a home face higher costs. That makes it even more important to search out the best possible rate for you and get good mortgage advice, whether you are a first-time buyer, home owner or buy-to-let landlord. Quick mortgage finder links with This is Money's partner L&C > Mortgage rates calculator > Find the right mortgage for you To help our readers find the best mortgage, This is Money has partnered with the UK's leading fee-free broker L&C. This is Money and L&C's mortgage calculator can let you compare deals to see which ones suit your home's value and level of deposit. You can compare fixed rate lengths, from two-year fixes, to five-year fixes and ten-year fixes. If you're ready to find your next mortgage, why not use This is Money and L&C's online Mortgage Finder. It will search 1,000's of deals from more than 90 different lenders to discover the best deal for you.
Daily Mail
20-05-2025
- General
- Daily Mail
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
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.
ABC News
09-05-2025
- General
- ABC News
Can you cut your neighbour's overhanging trees? Here are the rules
Do you have branches that hang over your property boundary but the tree itself is not on your land — it's on your neighbours? It may not bother you, but if the tree is dropping leaves or debris in your yard or pool, it can quickly become a problem. This is a common scenario, according to arborists who say it's important to take the right steps to address it. So how do you go about removing encroaching branches? And can you trim a neighbour's trees if they're hanging over your yard? We asked arborist Clive Woodnutt and solicitor Frank Higginson to explain what your rights are. States and territories in Australia, and even the council areas within them, have differing rules and regulations when it comes to trees. But one thing they all say is that the first step in this situation is approaching your neighbour directly (if you're on friendly terms). Queensland solicitor Frank Higginson, on Kabi Kabi lands on the Sunshine Coast, says talking to them in person first is recommended. "It really starts with, basically, go and have a conversation with your neighbour, rather than go through formal legal stuff and that sort of thing," he says. Again, it's best to check your local rules and regulations. Mr Higginson says in definitional terms, you're either the "tree keeper" or you're the "neighbour". "The tree keeper is ultimately responsible for the maintenance of their tree," he says. Mr Woodnutt says while it might seem like a simple rule, in his experience it very rarely is. Most weeks he is called to attend to a tree that's encroaching on a boundary, whether that's branches or roots. "In most cases, I have to tell you, it does boil down to money," Mr Woodnutt says. "So, if someone has a tree that is poorly maintained, that's impacting you, most of them don't maintain it because they haven't got the money to in the first place." He says sometimes it's the neighbour, not the tree keeper, who ends up putting "their hand in their pocket" to get the issue fixed. Our experts recommend people avoid trying to trim tree branches themselves, even if they have permission from the neighbour. "If you're not completely sure about the structural integrity of what it is that you're doing, I'd probably be very cautious," Mr Higginson says. "Get an arborist, perhaps. Go to the Queensland Civil and Administrative Tribunal and have a third party make a decision on it." Mr Woodnutt says it can be dangerous if you're working from height and using sharp tools. "I can catalogue a list of disasters," he says. "It is dangerous to perform the task. Go and find a qualified arborist that adheres to rules and legislation. "Generally speaking, we use a product called a silky handsaw, a Japanese handsaw specifically designed for pruning trees." In some jurisdictions you can also be liable for costs if you damage the tree while removing branches. The Dispute Settlement Centre of Victoria recommends that before you cut back a neighbour's tree you: Mr Higginson says if your neighbour won't remove the branches, you can seek professional help. "The formal process is you, as the neighbour, say to the tree keeper, 'Here's a quote that I've got for the removal,'" he says. "You can come in in the next 30 days and do it. Just give me 24 hours' notice, please. "If they then don't do anything, you've actually got still at common law the right of abatement, which is the ability to remove the branches yourself." The right of abatement means that, under common law, a neighbour has the "right to abate the nuisance". That is, the right to prune (abate) the encroaching branches (from their neighbour's tree or hedge) to remove the nuisance. In some jurisdictions if you pay for an arborist yourself you can seek to recover the costs from the tree keeper. Most states and territories have third-party dispute resolution services that can help resolve the issue. In Victoria, trees are governed by general property law and common law, according to a Department of Government Services spokesperson. "Anyone requiring information about private tree removal can contact Dispute Settlement Centre of Victoria (DSCV)," the spokesperson says. If a tree is simply blocking light or views but not encroaching on your boundary, those matters need to be negotiated privately. If an agreement cannot be reached, mediation is recommended. For more detailed information you can visit your state- or territory-based Legal Aid websites, such as Queensland Government, NSW Land and Environment Court, Legal Aid NT, ACT City Services, Tasmania Legal Aid, Legal Services Commission SA and WATCA. This article contains general information only. You should consider obtaining independent professional advice in relation to your particular circumstances.
