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Neighbour Disputes

What is a neighbour dispute

We have all heard about the 'neighbours from hell' but neighbour disputes are varied and can range from arguments between neighbours about position of hedge boundaries, new fence boundaries, tree roots, extent of land ownership, rights of way, rights of access, and noise disputes to mention just a few. Quite reasonable people can become very agitated if they feel that their property or lifestyle is being impacted by a neighbour.

DMC's neighbour dispute service is designed to help you settle these arguments prior to any esculation to litigation and Court action. For relatively low cost, you can call upon an independent professional chartered surveyor to help resolve these arguments.

DMC offers a 3 phase Neighbour Dispute Resolution Service

Phase 1 - Site visit

Comprises a neutral and independent on-site evaluation to clarify the facts behind the dispute by a professional RICS surveyor.

The surveyor will contact you and your neighbour involved in the dispute and produce an independent written evaluation report. If for example, the dispute relates to a boundary, then impartial advice will be given to both parties.

Phase 2 - Follow-up

Following delivery of the written report our surveyor will enquire with both parties if any further assistance is required. If further involvement is required then each party will be asked to supply to our surveyor a short written statement settling out the grounds of the neighbour argument from their perspective.

Parties agree to place the dispute under 'Mediation' whereby the surveyor will act as a mediator to help resolve dispute issues and seek to find an appropriate and amicable solution. At the end of the meeting the surveyor will complete a 'Settlement Agreement' and detail the agreed solution made between the parties. This settlement agreement will be given to both parties to countersign.

Phase 3 - Expert report & benefits

It would normally be expected  that completion of Phase 1 & 2 would resolve any dispute. However, should you still be in dispute the surveyor could act as a joint-expert for any litigation. A joint-expert report from the surveyor, (who has been recognised as a neutral independent expert by both sides), would be prepared for use by the Court to help it decide the dispute issues. This process has the following benefits

  • significant savings of court time,
  • facilitates clarification of the issues, and
  • saves legal costs for the parties involved.

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or contact us for more information and guidance

Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

Why mediate?   >

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