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A Practical Guide to Neighbour Disputes and the Law

A Practical Guide to Neighbour Disputes and the Law

A Practical Guide to Neighbour Disputes and the Law

Author: Alexander Walsh
Publisher: Law Brief Publishing
ISBN: 9781912687534
Published In: February 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 419.86

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Description
Contents

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Unfortunately, despite widespread judicial criticism, neighbour disputes remain extremely common. They have also been known to even grab headlines due to the seemingly trivial nature of the dispute and the willingness of the parties to incur a significant amount of legal costs in fighting it. This book explores the various ways in which a neighbour dispute can arise, the remedies available and provides practical guidance to assist practitioners on how best to deal with such disputes, which can often prove to be extremely difficult to resolve.

Chapter One – Boundary Disputes

i. Introduction

ii. General Boundaries Rule

iii. Boundary Features

iv. Rebuttable Presumptions

v. Boundary Agreements

vi. Applications for a Determined Boundary

vii. Remedies

Chapter Two – Rights of Way

i. Introduction

ii. Interference

iii. Change of Use and Excessive Use

iv. Remedies for Interference

Chapter Three – Rights of Access &

Party Walls

i. Introduction

ii. Access to Neighbouring Land Act 1992

iii. Party Walls

Chapter Four – Rights of Light

i. Introduction

ii. Remedies

Chapter Five – Nuisance

i. Introduction

ii. Rule in Rylands v Fletcher

iii. Natural Condition of the Land

iv. Japanese Knotweed

v. High Hedges

vi. Remedies

Chapter Six – Other Potential Disputes

i. Harassment

ii. Anti-Social Behaviour

iii. Fireworks

iv. Trespass

v. Airspace

vi. Excessive Noise

vii. Criminal Acts

Chapter Seven – Restrictive Covenants

i. Introduction

ii. Remedies

ii. Other Options

Chapter Eight – Alternative Dispute Resolution

i. Introduction

ii. Mediation

iii. Med-Arb

iv. ENE

v. Expert Determination

Appendix A – The Boundary Disputes Protocol and Guidance Notes

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