Neighbour disputes are among the most common civil matters we handle at our law firm. The reason is simple: people live “closer together” than they used to – plots and flats are smaller, privacy is reduced and conflicts arise more easily.
The good news is that even in protracted disputes there are effective legal tools. The key is to act correctly – and above all in good time.
Important: Neighbour disputes are psychologically very demanding for both sides. They are also often played out in full view of the whole street or building. That is why it is all the more important to stick to the facts, gather evidence and choose a course of action that has a real chance of success.
When Does a Neighbour Dispute Arise?
A neighbour dispute typically arises when the owner (or user) of a property uses their land or building in a way that is disproportionate to local conditions, thereby substantially restricting the ordinary use of the neighbouring property.
Typically this involves so-called nuisance (imissions) – interference that “crosses over” onto another person’s land or into another person’s flat.
Common Examples of Nuisance in Practice
- Odours (e.g. smoke, burning, keeping animals, chemicals)
- Excessive noise (music, parties, machinery, repeated works)
- Vibrations (craft works, construction activity)
- Water and damp (draining water onto neighbouring land, inadequate drainage)
- Shading (excessive shading from building works or planting)
- Overhanging branches, leaves, roots (encroachment onto neighbouring land)
- Chimney smoke
- Animals straying onto neighbouring land
- CCTV and intrusions into privacy (in specific situations)
And much else – what always matters is the degree of interference and local conditions.
Why Calling the Police Usually Does Not Solve the Problem
In practice we often see the affected neighbour repeatedly calling the emergency line and demanding intervention. The patrol typically makes a record, calms the situation – and closes the matter with the conclusion that it is a civil dispute.
In most cases that is correct: the police are not the body that systematically resolves neighbour disputes. Records of call-outs can still be useful as supporting material – especially if you also keep your own records.
Our First Choice: Attempting a Settlement
Where possible, we always try first to achieve a settlement – rationally, without emotion, ideally in writing.
A typical approach is:
- Notice to the person causing the nuisance (description of the objectionable conduct, proposed solution, time limit).
- Agreement on rules (e.g. time limits on noise, technical adjustments, work schedule, etc.).
- Only if that does not work do we move to court protection.
Settlement saves time, cost and nerves – and that goes double for neighbour relations.
How to Defend Against Nuisance in Court: Declaratory (Negatory) Action
The basic tool in civil law is the declaratory (negatory) action. By it, the owner seeks protection of their right of ownership where its exercise is interfered with (e.g. by nuisance).
It is important that by this action you typically seek that the person causing the nuisance refrain from certain conduct.
What This Means in Practice
If for example a neighbour discharges sewage onto your land because of a leaking septic tank, by the action you typically do not seek an order “repair the septic tank to standard”, but that the neighbour refrain from discharging sewage onto your land. How they achieve that (repair, other solution) is up to them.
Who to Sue: Always Only the Owner?
Not always. The person causing the nuisance may be a tenant or another person using the property.
At the same time, in certain circumstances the owner may also be sued even if they do not personally cause the nuisance (e.g. when their tenants cause it). In practice it is therefore always important to correctly identify who should be the defendant so that the action is effective.
What If the Neighbour Ignores the Court Judgment?
If the court orders that the nuisance must cease and the person responsible continues, it is possible to apply for enforcement of non-monetary performance. The bailiff may impose repeated coercive fines, the amount of which may increase over time.
In extreme cases, prolonged disregard of a court decision may also amount to criminal conduct (typically obstructing execution of an official decision), but it always depends on the specific circumstances.
If you are dealing with a neighbour dispute, it pays to proceed systematically: choose a settlement step, secure evidence and in good time choose the legal tool that has a real impact.
If you are dealing with a neighbour dispute or have questions about legal protection against nuisance, our office is ready to help.
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