‘A Practical Guide to Neighbour Disputes and the Law’ by Alexander Walsh

Description

Unfortunately, despite widespread judicial criticism, neighbour disputes remain extremely common. They have also been known to even grab headlines due to the seemingly trivial nature of the dispute and the willingness of the parties to incur a significant amount of legal costs in fighting it.

This book explores the various ways in which a neighbour dispute can arise, the remedies available and provides practical guidance to assist practitioners on how best to deal with such disputes, which can often prove to be extremely difficult to resolve.

ABOUT THE AUTHOR

Alexander Walsh has practised at national and regional law firms for almost 10 years, specialising in litigation and dispute resolution. He has acted for SME’s, major insurers, FTSE 100 retailers and individuals, in wide range of civil and commercial disputes. Alexander was recognised in the 2018 Legal 500 where he was described as having “a great deal of knowledge”. He is now in-house Dispute Resolution Counsel for a major food group.

CONTENTS

Chapter One – Boundary Disputes
i. Introduction
ii. General Boundaries Rule
iii. Boundary Features
iv. Rebuttable Presumptions
v. Boundary Agreements
vi. Applications for a Determined Boundary
vii. Remedies

Chapter Two – Rights of Way
i. Introduction
ii. Interference
iii. Change of Use and Excessive Use
iv. Remedies for Interference

Chapter Three – Rights of Access & Party Walls
i. Introduction
ii. Access to Neighbouring Land Act 1992
iii. Party Walls

Chapter Four – Rights of Light
i. Introduction
ii. Remedies

Chapter Five – Nuisance
i. Introduction
ii. Rule in Rylands v Fletcher
iii. Natural Condition of the Land
iv. Japanese Knotweed
v. High Hedges
vi. Remedies

Chapter Six – Other Potential Disputes
i. Harassment
ii. Anti-Social Behaviour
iii. Fireworks
iv. Trespass
v. Airspace
vi. Excessive Noise
vii. Criminal Acts

Chapter Seven – Restrictive Covenants
i. Introduction
ii. Remedies
ii. Other Options

Chapter Eight – Alternative Dispute Resolution
i. Introduction
ii. Mediation
iii. Med-Arb
iv. ENE
v. Expert Determination

Appendix A – The Boundary Disputes Protocol and Guidance Notes