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This fact sheet will give you some basic information about your legal rights when dealing with neighbourhood disputes.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

What can I do about noisy neighbours?

It's always best to try and resolve the problem first by talking to whoever is making the noise. You should also try and find out exactly where the noise is coming from, when and why. Your local council may give you a noise record sheet to record this. It is usually the environmental health department that deals with noise issues.

If the nuisance noise is coming from a burglar alarm, your local council has the power to enter the building and silence it. In some areas everyone with an alarm must have a keyholder and give their contact details to the local council, who can ask them to switch off the alarm.

If car alarms are creating a nuisance, the council has the power to break into the vehicle to stop it.

What about if the noise is coming from a business or traffic?

If the noise is coming from a local business, for example a factory or a club, you can deal with it in the same way as noisy neighbours. Loudspeakers cannot be used in the street between 9pm and 8am, apart from emergency services.

If the noise is coming from road traffic or trains you may be able to get a noise insulation grant from your local council.

What level of noise is classed as a nuisance?

It will depend on where you live, how often the noise occurs and how many people are affected.

If the local council thinks the noise is a statutory nuisance, they can serve a notice on your neighbour to stop. This is called an "abatement notice" and will set out what your neighbour has to do. For example, if it's loud music they might ask your neighbour to stop it altogether or just to play it at set times.

The council may not have to prove a statutory nuisance if the noise is coming from a business that holds a public entertainment licence. They can just take action if the pub or club is operating outside of its licensing agreement.

What sort of penalties are there for noisy neighbours?

If your neighbour doesn't comply with the abatement order, they can be fined up to £5,000 or up to £20,000 for a business. In extreme cases your neighbours could be prosecuted for anti-social behaviour if the police have enough evidence.

What can I do if I have a complaint about a neighbour's hedge?

You should talk to your neighbour about the problem and try and work out a solution. If you don't feel happy talking to them, write them a polite letter instead. You should keep a record of what you have done or any conversations you have had with them. You shouldn't just trim the hedge without getting legal advice.

The Department for Communities and Local Government has some information leaflets about dealing with hedge disputes which you can get from the following link communities.gov.uk.

If this doesn�??t work, you could get an independent mediator to help you find a way forward.

Can the council help with a complaint about a hedge?

As a last resort, if the hedge is more than two metres high, you can complain to the local council. You should let your neighbour know you are doing this. The council cannot get involved in disputes about deciduous trees or hedges. You will have to pay the council for their help. This is because helping with disputes over hedges does not benefit the community in general and it helps to ensure complaints are genuine. You may get a reduction if you are on a low income.

What can I do if my neighbour's tree is overhanging my garden?

In the first instance you should ask them to cut it back. If they don't, you can cut any overhanging branches back to the boundary line, making sure your return any branches or fruit to your neighbour as these belong to them. Make sure you check the tree is not protected by a preservation order.

If you think the overhanging tree is dangerous you should contact your local council. If they decide it does pose a danger, they have powers to make the tree safe or require your neighbour to take action. The tree owner may have to pay you compensation if the tree causes any damage or injury.

If the roots of your neighbour's tree are causing damage, they can be removed. You should contact your insurer if you think they have damaged your property.

Do I have a right to access my neighbour's land for repairs?

In some cases you may have a right of entry to inspect or repair your property. If not, and you can't reach an agreement with your neighbour, you can go to the county court for an access order. You have to pay a fee for this and you should get expert legal advice first.

The legal documents of your property will set out who is responsible for shared facilities, such as drains or drives. If it is not clear who is responsible, you should agree in advance that costs will be shared for any repairs. If you are in a rented property, the landlord may be liable for repairs.

How do I sort out a boundary dispute?

Again, the legal documents for your property should set out who owns the disputed land. However, it is not always clear and sometimes it may have changed by agreement or by encroachment (occupation without permission). If you think this is the case you should get legal advice.

What can I do if my neighbour keeps using my parking space?

You do not have an automatic right to park on a public road, unless there are local parking restrictions giving you the right to a particular space. But you do have a right to access your drive. The local council and the police can remove illegally parked vehicles that are causing an obstruction.

Where can I get more information?

You can find the details of your local council from the Directgov website. You can get information about mediation services from the National Mediation Helpline on 0845 6030 809 or nationalmediationhelpline.com; or from Mediation UK on 01773 822 222 or ukmediation.net.