Dealing With ‘Neighbours From Hell’? Know Your Rights

Neighbours creating nuisance is an unpleasant issue that can leave a property owner angry, irritable and stressed. Many people who experience such problems don’t know where to go to seek help and advice. This case illustrated by CurryPopeck Solicitors, will help you understand your rights and highlight possible situations where legal help can be sought.

Where the conduct is sufficiently bad, the law does provide a remedy, as is illustrated by a recent case involving a couple whose dream of living a quiet and tranquil life in their country retreat was shattered.

The couple bought a farmhouse in rural Cumbria and purchased some of the surrounding farmland as well. The farmhouse and the land had been sold together in the 1960s, with just a cottage adjacent to the farmhouse retained for the retiring farmer's son and his family. However, when the farmer's son inherited the cottage, he could not accept that someone else had rights over the land that once belonged to his family. So, the farmer’s son and his wife started harassing successive owners by repeated acts of trespass, vandalism of their property, blocking their access and physical intimidation etc.

According to Lionel Curry, one of the senior solicitors at Curry Popeck, no matter what has motivated the perpetrator to harass you, you are protected by the law in this regard. Any form of abusive behaviour by the neighbours, be it threats of violence, actual violence, threats of damage or actual damage to your property, is considered as harassment and there are provisions in law to protect your rights.

After repeated harassment from the neighbours, the couple went to court to obtain an injunction against them and were awarded £3,600 for the trespass, £155,000 for the diminution in value of their property due to their neighbours' behaviour, a further £20,000 for various acts of nuisance plus general damages for inconvenience and distress, and £5,000 in aggravated damages.

The neighbours appealed against the awards for loss of value and general damages, arguing that these were not warranted.

The Court of Appeal, however, upheld the claim for loss of value, considering that there was a significant risk that the neighbours' conduct would continue and as a result, potential purchasers would pay less for the property. In addition, a new injunction against the neighbours would have to be applied for by any purchaser of the farmhouse as the injunction granted was personal to the couple.

The award of £20,000 by way of damages for loss of amenity was however dismissed, holding that this had been fully accounted for in the diminution of value award.

Bear in mind that taking someone to court is expensive, so this option should only be considered if you have exhausted all other routes. When taking the legal route seems to be the only option and you find yourself confused, stressed and mentally drained, talk to the expert solicitors at Curry Popeck and find the best solutions to your problems.

To know more, visit-http://www.currypopeck.com/