A Practical Guide to Neighbour Disputes and the Law

Conveyancing / Tenancy / Land

A Practical Guide to Neighbour Disputes and the Law

By Alexander Walsh
Law Brief Publishing February 2020

Specifications

ISBN-13
9781912687534
Publisher
Law Brief Publishing
Publication
February 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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
HKD 419.86

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