There are a variety of instances where a neighbour may end up infringing on your property boundaries, whether that’s with fencing, a gate, an extension, plants and foliage, or even just parking vehicles in the wrong place. So, when are you within your right to complain, and when should you consult a solicitor?

Understanding your property’s boundaries

Whether you own your home or rent, you should have a clear understanding of the property's boundaries. This can usually be found in the title deeds, or within a tenancy agreement. If you rent and cannot determine the boundaries of your property with the tenancy agreement, you can make contact with your landlord and ask them to check the deeds. You can also check your own, or even a neighbour's property deeds online with Registers of Scotland, or by consulting a solicitor.

Communal path law in Scotland

Plenty of properties have areas of shared access, most commonly seen within residential estates, blocks of flats and even smaller private developments. Other homes may share gardens, driveways, footpaths, pavements and private roads, so it’s essential to understand what belongs to you and what is communal. This information, along with any shared access rules for a property can also be found within the title deeds.

Part of the purpose of arranging common and shared areas is for harmonious co-existence, so there are usually explicit restrictions and requirements on owners not to obstruct a common access path or do anything that affects the enjoyment of the property or land. Although you may not have the sole rights to an area, you likely have the right to effectively use it, so any obstruction, wrongful use, damage or other nuisance infringes your rights as a homeowner or tenant.

Unlawful building

Even if an area is out of your property boundaries, a neighbour may extend or expand their property which has an indirect impact on your own. This, of course, does not mean you are able to dispute a neighbour’s building without good reason, but even the best-designed and beautifully built conservatory may be too close to your boundary or overlook your garden and block your light. As well as planning permission and building control warrants needed for such extensions, anyone building out is limited by restrictions and burdens written into the deeds. You as a neighbour may have the right to get the work blocked - by the court if necessary.

Resolving a neighbour dispute

Where any misbehaviour or wrongful conduct does happen without your consent, the first step should always be to speak to the individual. Of course, this is only if you feel safe to do so - never put yourself in a dangerous position by confronting someone. Remain civil and polite with the neighbour and explain why their actions are affecting you, including the legal reasons as to why this is a concern. This may be due to something on their property crossing your boundary line, or an item of theirs blocking a communal path, both of which are unlawful. Try to reach a compromise that works well for both parties.

Of course, this is not always a simple solution, and some neighbours may become defensive and uncooperative. Your second option is to consult a mediator. If you and your neighbour attend mediation, a professional can assist in finding a solution that suits you both. It’s important to note that a decision made via mediation is not legally binding, but it may help solve your problem.

If all else fails, it’s advised to seek legal advice. Some situations may be difficult to resolve without legal intervention, and a solicitor can help point you in the right direction. You will need to present the solicitor with your deeds, or rental lease if you are a tenant, to help them understand the legal issues that the dispute is resulting in. Wherever possible, a solicitor may advise you on ways to put more pressure on your neighbour to rectify the situation. If all else fails, a court case will likely be opened.

For obstructing behaviour or building works you object to, a lawyer’s letter setting out your objection and the terms of the title deed should be sent. If this informal correspondence does not work, a sheriff court action of interdict may be the only way to overcome the problem. The judge is presented with a writ drawn up by your solicitor outlining all the facts and the title deed provision and is asked to make an order for the neighbour to take the obstacles or extension away. If he or she fails to do so, then they will be in contempt of court and can be punished for that.

Court action should always be a last resort, but sadly, not all neighbours are reasonable. In more severe instances, you may be left with few other choices.