Love thy neighbour

In the LGL’s first book review, Michael Samson looks at the second edition of Neighbour Disputes – Guide to the Law and Practice.

This book on the law of disputes between neighbours is of value to legal practitioners both in private practice and in public authorities. All the relevant areas of law such as negligence, nuisance, misrepresentation, trespass, rights of way, boundaries, party walls, the right to light, trees and hedges, weeds and pests, waste water and drainage are covered in the publication.

What should public authority practitioners expect to gain through this publication?

Within these general areas of law, specific reference is made to public authority involvement, such as in anti-social behaviour issues, statutory noise abatements and problems relating to trees and hedges. There is also reference to local authority highway and planning involvement. The authors specifically deal with issues that might arise from anti-social tenants and occupation of land by travellers.

Relevant cases in each of the areas of law are described simply and effectively. At the end of each chapter there are checklists summarising the essence of the chapter and setting out important practical issues for practitioners to address. Consideration is given to public authority involvement in adverse possession, anti-social behaviour, trespass and squatters, establishing rights of way, serving statutory notices in relation to nuisance and in relation to high hedges, where local authorities may issue remedial notices. The complex topic of right to light issues is dealt with in a straightforward and effective manner. The book draws out areas where public authorities should be involved at various stages. This publication emphasises the likely litigation outcomes in neighbour disputes and assists practitioners by setting out sample particulars of claim and specimen orders.

There is a chapter on the resolution of disputes, with guidance on risk analysis of probable outcomes, including addressing the likelihood of an adverse level of costs which could be incurred. In considering resolution of disputes, mediation is a theme which runs throughout the book. There are explanations of when mediation should be used and how mediation can be used to resolve disputes effectively through agreed settlements, which would be binding on the parties. Readers’ attention is drawn to the use of various mediation schemes which may be available through local authorities.

Overall the book is a comprehensive guide for practitioners in advising, conducting litigation and resolving disputes in often very sensitive situations arising between parties.

Public authority practitioners will find that this publication contains useful guidance not only on the principles of the areas of law involved, but also on the stages at which the public authority should become involved.

Michael Samson is monitoring officer and legal services manager at Legal Services Lincolnshire.

Neighbour Disputes – Guide to the Law and Practice is written by Donald Agnew and Amanda Norris. It is published by Wildy, Simmonds and Hill.