Neighbour disputes relating to boundaries and access are some of the most hotly contested litigation cases in the court system and, putting it mildly, the Judges simply do not like them.
For those of a certain age, the above image may prompt memories of the famous Hovis bread advertisement. Taken whilst I was on holiday in Dorset, it conjured up for me a sense of community. Yet we are not all blessed with good neighbours and when relationships deteriorate, suddenly home can become fraught with confrontation and injustice.
So why are Judges against neighbour disputes? There is a legal right to property, and it is to be upheld and enforced. With the Court system under pressure, it comes down to time and cost. Whilst appreciating the entitlement to pursue a claim through the judicial system, there have been many cases going to trial in which the legal costs have far exceeded the land value in dispute.
One Judge recommended that solicitors needed to save their clients from themselves and bring perspective property and land claims. His words came following a lengthy court battle in which the costs ran into tens of thousands of pounds and related to a boundary that had been re-positioned less than a metre out of place.
Court priorities were more clearly expressed at the end of 2020, when another Judge commented: –
“In the modernising legal system, one hopes that such fallings-out will be less painful when resolved away from formal court settings. The Court themselves have limited resources, and whilst I appreciate that neighbour disputes are significant to the parties, it must be borne in mind that such disputes compete for time with cases such as those one sees daily in this court concerning brain damage and other life-changing injuries, death and the very gravest of historic child abuse.”
It is therefore not surprising that as soon as a neighbour dispute comes before the court, questions of alternative dispute resolution and mediation are raised, and the parties actively encouraged to pursue all other means before resorting to the court system. Most solicitors will recommend mediation before the issue of court proceedings in accordance with pre-action protocols and in the knowledge that this will be incorporated as part of the court process in any event.
There are various options for resolving a neighbour dispute and exploration of those before issuing a claim form are therefore highly advised. Mediation offers the potential of resolving the dispute and a line of constructive communication that can restore a peaceful neighbourhood.
