Common Neighbour Problems

Contact your local council ACCESSline on 08452 777 778.

 

Although noise is the most common cause of complaint, we've also included some general information on other sources of conflict and how best to tackle them.

 

Trees

If your neighbour's tree hangs over your property, you can ask the tree owner to trim it back. If this is not done, you have the right to trim the tree back to the boundary line but you must offer the trimmings back.

Before you start cutting, you should check with your council to see if the tree has a tree preservation order on it. If it does, you could be fined for cutting it. Trees in conservation areas are automatically protected.

Local authorities have powers to deal with trees on private property that are in a dangerous condition. If you are concerned about the condition of a tree you can contact your local authority - usually the planning or technical services department - and request that a check is made on the condition of the tree.

 

Parking

If you live on a publicly maintained road, you do not have any rights to the section of road or pavement outside your property - unless there are local parking restrictions giving a right to a particular space.

This means that you do not have the right to park there yourself or prevent anyone else from doing so. However, you do have a right of access to your driveway and if someone else's car is parked in such a way that it blocks access to and from your property you can stop the owner parking there.

The local authority and the police have wide powers to remove vehicles that are illegally parked, causing an obstruction on the highway or which are abandoned. Contact the parking section of your local authority if you are experiencing ongoing problems.

 

Common property and amenities

Responsibilities for maintenance and repairs of common property and amenities - such as drains, pipes and drives - are usually outlined in the property's title deeds. If the need to repair common property arises you should try to find out who is responsible for it. However, the deeds may not always provide clear answers. In this case it might be best to agree in advance that the costs will be shared between the owners and settle on a course of action.

You will probably need to get a surveyor's report on the part of the property needing repairs and estimates from a builder. It is essential that you consult and get the consent of the other parties at each stage costs are incurred.

If you live in a tenement and your title deeds provide no indication of how decisions are to be made, then there are provisions in the Tenement (Scotland) Act 2004 to deal with this. A tenement is defined as a building which comprises two or more flats, which are divided horizontally and at least two of which are in separate ownership. This covers most blocks of flats and large houses which have been divided, but excludes terraced properties and semi detached houses.

The Act makes provision for a management scheme and a simple majority decision making process for repairs to common property. The owners of a majority of flats can decide to carry out common repairs, to pay the cost in advance, to install an entry-phone system and to ensure all owners have adequate buildings insurance.

 

Planning Permission

If you are concerned about a change of use of property or proposed building work next to your property you can contact the planning department of the local authority to object to a planning application. You can also check whether permission has been granted or whether its terms and conditions have been complied with. When considering an application for planning permission, planning authorities need to consider the noise implications of any development - for example conditions can be placed on the opening hours of bars and clubs.

 

Children

Noisy children in themselves are not a noise nuisance. But noisy behaviour can sometimes be distressing or disturbing. If you experience a problem of noise created by children you should first attempt a conciliatory approach to your neighbour. A mediation service may also be able to help.

 

 

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