PROPERTY
LEGAL ISSUES
with Terence Willey & Company
Neighbour Disputes
Disputes with neighbours can often
be extremely troublesome and can
cause in many cases stress and anxiety.
Where at all possible every attempt
should be made to settle a dispute
between individuals. Indeed the
Courts themselves, in considering
any action, would wish to see that
the process of proper dialogue and
mediation has been fully explored.
Due consideration must also be given
to any continuing and unresolved
neighbour disputes when selling a
property as full details would have to
be disclosed to a buyer, which could
well prejudice a sale.
Public Authorities can use what is
called an Anti Social Behaviour Order
against anti social individuals. Suc h
Orders are not so helpful to private
individuals and to obtain such an
Order the individual will have to join
a Public Authority to their claim.
The Public Authority would have to
support the claim in practical terms
and it is therefore rare that a private
individual is able to use the Anti Social
Behaviour Order procedure.
For example if the defending
neighbour happens to be a tenant
of a Public Authority, then the best
remedy would be to lodge your
complaint in the first instance to
the Public Authority, as the tenants’
landlord, and request them to seek
an Order against the tenant for such
anti social behaviour. In addition
Public Authorities can take action
against anti social tenants by applying
for an Order and have their tenancy
completely reviewed and reduced into
what is described as an "introductory
tenancy" whereby the tenant will no
longer have the benefit of long security
of tenure and this process will have an
effect of allowing the Public Authority
as landlord to recover possession more
easily.
The costs of bringing such an action,
both on the part of a Public Authority
or a private individual, must be
carefully considered and taken into
account before embarking upon such.
The advantages of resolving a situation
for your future protection and security
must remain the highest priority.
Terence Willey & Company., Lawyers and Commissioners for Oaths
(incorporating Malcolm Daniells & Company and The Bembridge Law Practice)
Contact Terence Willey 01983 875859 or Mark Willey 01983 611888
www.terencewilley.co.uk
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