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Irish Times
3 days ago
- General
- Irish Times
My neighbour has been dumping their rubbish in my back garden and trespassing. What can I do?
I have recently inherited my parents' property, which includes some land bordering the west and south sides of a neighbour's property . The land has grown wild over time and a lot of it, particularly the boundary area with this neighbour, is obscured from vision. In the past couple of months, I have worked my way through the overgrowth to inspect the boundary and found a number of issues relating to the neighbour. They have been actively dumping over the boundary wall for some time. This includes loose ashes, loose organic waste and plastic bags of same, as well as old gutter pipes, other building and gardening scrap items. Additionally, I noticed that a Ring camera with a very wide viewing angle is installed on the neighbour's gable end. The camera is obviously directed over the boundary wall into my property. I have evidence that this camera is actively detecting motion on my property from quite a distance away. At some point, the neighbour also employed someone to go onto my property and cut away a large swathe of the overgrowth. Presumably they felt they had a right because a hedge may have been growing over to their side, but the cleared area is approximately seven metres back from the boundary and is easily more than 10 metres in length. The neighbour also has a long-standing shed built up against the boundary which has, more recently, had a waste pipe extended out the back wall across the boundary. It is hanging in mid-air within my property, excreting what I presume is water vapour from an oil burner in the shed. READ MORE I have approached the neighbour directly, but she doesn't really seem to care. The waste pipe has been cut and is now downturned on to the boundary. There are now a large number of waste bags piled on the corner of her site, ready to tip over into mine. I will not be surprised if local wildlife tear these bags to bits. I have approached the council, which has 'suggested' to her that she use the local waste collection service, which she shares with a sibling a few houses over. She has not shown any inclination to do this. I'm worried that the only way I can force her hand into rectifying these issues is to contact a solicitor to take a civil case against her. If at all possible, I do not want to go down this road. Are there any other actions I can take that might motivate this neighbour to get herself back into a legally correct position regarding these issues? Thank you. The dumping of domestic waste on adjoining properties is, unfortunately, quite a widespread practice, but one which is generally confined to locations that are overgrown or out of sight of the property owner concerned. The perpetrators can dump conveniently and undetected for some time. This is what has happened in your case. You are fortunate that the boundary is clearly defined by a wall, otherwise a contentious dumping issue could develop into a boundary location dispute. You are right to be concerned about taking a civil case. However, it is prudent to deal with it as if you were preparing the groundwork for a civil case. This means you should document all relevant data, including the nature of the dumping, trespassing, damage and dates of events including details of conversations etc. Check to see if the dumped material contains any item that directly links your neighbour to it. Your evidence should include photographs. You should also monitor the situation as frequently as possible. Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of the Society of Chartered Surveyors Ireland Your best course of action would be to approach your neighbour again, restate your concerns and, without accusing her directly, put the situation in context by explaining to her that the dumping is in breach of the 1996 Waste Management Act and that you will be obliged to make a formal report to the local council. You should also point out that the cutting of overgrowth on your land is an issue of trespass and damage that you will have to report to the gardai. You should explain that the Ring camera position is in breach of the General Data Protection Regulations (GDPR) and is a matter for the Data Protection Commissioner. Despite the seriousness of the situation, your approach should be conciliatory and expressed in a tone that seeks an amicable resolution. In effect, you would be asking her to consider the situation and giving her an opportunity to see what she can do to resolve the issue. As your land borders the west and south sides of her property, your overgrown hedge is likely to be preventing direct sunshine to her property from late morning to late evening. This may be an issue and if so, you could consider offering to cut back or reduce the height of some of the hedge, as part of building a cooperative relationship with her. [ I'm worried about our home being devalued because our neighbour's trees block light. What can we do? Opens in new window ] [ My son lives abroad and wants to sell his house here but the tenant won't move out. What can he do? Opens in new window ] You may feel that this approach is too conciliatory, but this issue can go one of two ways. Either your neighbour is persuaded to cooperate and remove the dumped material, or she ignores you and leaves you with little option but to get legal advice, which risks escalating the situation into litigation. This is the route you said you want to avoid. Another reason for avoiding litigation is that your evidence is largely circumstantial. You do not have direct evidence of her dumping, trespassing or damaging your hedge. An option you could consider, if your neighbour refuses to cooperate, is to clear the overgrowth. This action is undesirable from an environmental perspective and subject to seasonal restrictions. However, as people are unlikely to dump waste across their boundary on property that is open to view and well maintained, it may transpire to be your only option. Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of the Society of Chartered Surveyors Ireland Do you have a query? Email propertyquestions@ This column is a readers' service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content.
The Sun
6 days ago
- Business
- The Sun
Virtually unknown stamp duty loophole that means you pay TWICE – and who can avoid it
A VIRTUALLY unknown stamp duty loophole could leave you paying the tax twice. Cohabiting homeowners who buy their partner out following a separation may find themselves hit with the land tax more than once. 1 Stamp duty is, typically, a one-off payment you make if you buy a property or piece of land over a certain price in England and Northern Ireland. But if you bought a property with a partner and you're unmarried, you might have to pay stamp duty again if you break up and want to buy their share of the property. You'll only avoid paying it if the transfer is part of a formal divorce or separation agreement. The extra stamp duty you might have to pay depends on how much is left on your mortgage and the equity in your property (the part of your home you've already paid off). You'll only have to pay stamp duty again if the "chargeable consideration" is more than £125,000. The "chargeable consideration" is the total value of what you're taking on to own the property, such as the remaining mortgage and any equity. For example, if you pay your ex-partner £100,000 for their share of the equity and take on £200,000 of their mortgage, the total "chargeable consideration" would be £300,000. In this case, you would need to pay stamp duty on £175,000, which is the amount above the £125,000 threshold for residential properties. The rules about paying stamp duty after separating from a partner can be tricky, so it's a good idea to speak to a solicitor or tax advisor to work out exactly how much you owe. Keep in mind that you will likely need to pay for their services. The Sun's James Flanders explains how to find the best deal on your mortgage Simon Nosworth, partner at Osbornes Law, said: "If you're married you can be sheltered from having to pay stamp duty upon divorce when you're splitting up assets like a mortgage. "This is because you've got protection under the Finance Act. "However, if you're unmarried you don't have this protection. "Broadly it is unfair, but there is no way around it." What is stamp duty? STAMP duty land tax (SDLT) is a lump sum payment anyone buying a property or piece of land over a certain price has to pay. You pay the tax when you: Buy a freehold property Buy a new or existing leasehold Buy a property through a shared ownership scheme Land is transferred to you or property in exchange for payment, for example, you take on a mortgage or buy a share in a house The rate you pay depends on the price and type of property and certain thresholds. If you are a first-time buyer no stamp duty is due if the property is worth £300,000 or less. You'll also get a discount if the purchase price is £500,000 or less and will only pay 5% SDLT on the portion from £300,001 to £500,000. Those who aren't first-time buyers will pay different rates depending on the value of their new home: If it's up to £125,000 - no stamp duty is paid For the next £125,000 (the portion from £125,001 to £250,000) - stamp duty is charged at 2% For the next £675,000 (the portion from £250,001 to £925,000) - stamp duty is charged at 5% For the next £575,000 (the portion from £925,001 to £1.5 million_ - stamp duty is charged at 10% For the remaining amount (the portion above £1.5million) - stamp duty is charged at 12% You'll usually have to pay 5% on top of SDLT rates if buying a new residential property means you'll own more than one. An HMRC spokesperson said: "Stamp duty in these cases may only be payable on the share purchased, not on the total value of the property." How to pay the stamp duty You have to pay stamp duty within 14 days of any transaction date. If the deadline is on a weekend or bank holiday, you need to make sure your payment reaches HMRC by the end of the previous working day. You will need your 11-character unique transaction reference number to hand. This reference will always be made up of nine numbers and two characters (for example, 123456789MC). You can find this on your paper return or on your electronic SDLT5 certificate. You can pay online by clicking on the "pay now" button found via You can also pay by cheque, but must allow three working days for your payment to reach HMRC. Make your cheque payable to "HM Revenue and Customs only" and write your reference number on the back. If you've filed a paper return, you need to complete the payslip and send this with your cheque to: BT Stamp Duty Land Tax HM Revenue and Customs BX9 1LT Send your cheque (including a payslip or quoting the unique transaction reference) to: Do you have a money problem that needs sorting? Get in touch by emailing money-sm@
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.
Telegraph
14-05-2025
- Lifestyle
- Telegraph
What is a flying freehold and should I buy one?
If you've never heard of a flying freehold property, then you're not alone – unless you've lived in one or tried to buy one, it's a term you're unlikely to ever have come across. A flying freehold is one of the quirkier features of property law. 'When part of a house extends over or underneath a neighbour's house, this means that the 'flying' part of the property isn't owned by the land underneath it. The properties fit together more like a jigsaw, rather than just being sliced down the middle from top to bottom,' explained Rebecca Maeers, head of residential property at law firm Freeths. One of the of the most common types is where there's a shared passageway down the centre of a row of period terrace homes that everyone uses to get to their back gardens. The neighbour on the right, for example, could own the land which the passageway runs down, while the neighbour on the left has an upstairs bedroom that 'flies' above the passageway joining the house next door, or vice-versa. Other examples include where neighbouring freehold properties overhang each other – for instance, one neighbour's upstairs bedroom goes slightly above next door's kitchen, or a bay window overhangs a neighbour's driveway. Another form of flying freehold is called a 'creeping freehold'. This is where a freehold property extends underneath the neighbour's home usually in the form of a basement or cellar. Here, Telegraph Money explains the legal implications of flying freehold, and what it means for your mortgage. Who owns the land under a flying freehold? Problems with flying freeholds Legal implications Mortgage for a flying freehold Flying freehold insurance Should I buy a property with flying freehold? Who owns the land under a flying freehold? Both property owners are freeholders. There is no leaseholder/freeholder relationship where there is a flying freehold present. Who owns the land depends entirely on the circumstances of the properties, but in most cases, it is usually your neighbour, the owner of the adjoining property.
Times
12-05-2025
- General
- Times
Can our neighbours pollard a tree on our boundary?
Q. A tree on the boundary with our neighbours' property screens us from an unsightly industrial building. The neighbours want to pollard it. Who owns the tree, and can we object? A. The general principle is that a tree (or other plant) is the property of the person who owns the soil surrounding the base of its original trunk or stem. This applies even if the trunk itself eventually grows on to other land and even if its roots or branches extend over the boundary. Neighbours have the right to cut back roots or lop branches growing under or over their land, but they cannot generally interfere with the trunk of the tree itself unless they own it. However, it has long been established that
