“Neighbours…everybody needs good neighbours…..”

That’s true, not just in an Australian soap opera, but all over the world, so the worst thing we can do is fall out with our neighbours because, as we all know “good neighbours become good friends“… or at least they don’t start a war which ends up in Court as happened in this case – “BOUNDARIES, BORDERS AND COSTS” reported in Civil Litigation Brief  by Gordon Exall

Solicitors are often contacted by one aggrieved party who feels that they’ve been slighted because their neighbour’s tree overhangs their garden or they think a new fence has been put in 3 centimetres too far over. Those are common gripes but on the other hand, it can often be that they may really have their property rights at stake, for example, where an extension is being built up against a party wall without following the procedure laid down in the Party Wall Act 1996 which provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

Other common problems can be boundary disputes, the blocking of shared drives and the fallout from buying a house where the sellers have failed to disclose material issues about their neighbours, such as complaints they’ve made for years about rave parties.  If these are not disclosed during the sales process, it is possible for the new owner to bring a claim against the seller for that non-disclosure and the amount to which the problems have diminished the value of the property. Many household insurance policies contain Legal Expense Insurance which usually covers advice on neighbour/boundary disputes, so it’s always worth checking your policy documents. These are complex matters of law which need the advice of an experienced lawyer who specialises in property dispute resolution.

If you need any further help with this topic, call Adrian Boulter on 0208 363 4444

adrian.boulter@curwens.co.uk

www.curwens.co.uk

 

 

 

 

 

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Disputed Wills

DISPUTED WILLS

Because I deal with the misery which follows when either someone hasn’t made a valid Will or it’s failed or hasn’t provided for the family, I know how distressing it is. I also know how easy it is to avoid a mountain of problems by making a properly drawn Will using a qualified Solicitor. All too often though, I meet with very distressed family members who simply can’t understand why their loved one did not take this process seriously and think enough of them to make a proper Will. It seems to be a taboo subject, for some reason. Unfortunately, fighting over an Estate can be extremely costly (running into thousands of pounds) and, apart from the money, the dispute usually destroys the family, ripping them apart while they argue over the Estate assets. People get very angry and hurt about how they see they have been treated by the deceased. I even heard a story about two sisters who wanted to argue over the fur coat that their Mother had left to one of them. They were seriously considering spending huge amounts of money on legal fees to fight about that because they really felt so hurt. Of course I would never advise anyone to spend legal costs arguing over just a fur coat but there are cases where those left behind have not been properly provided for, perhaps a second family with valid claims for financial support which the deceased should really have thought about. My advice would always be to make a will as soon as possible – certainly if you have children and dependants who rely on you for financial support.