Neighbours see red over colour of boundary railings
A neighbour dispute that began as a disagreement over the colour of some railings on a boundary wall has been taken all the way to the Court of Appeal.
The two families lived next door to each other in houses separated by an elevated area which was divided by the wall and railings.
The two neighbours could not agree on a colour to paint the railings and this led to a dispute about who owned the wall and where the boundary lay.
They could not agree and so the case was taken to the County Court. The judge decided in favour of one of the neighbours but that didn’t end the matter. The losing neighbour decided to continue with legal action. He took the case to the Court of Appeal which overturned the County Court decision and ruled in his favour.
The issue was resolved by detailed analysis of the original deeds from the time the properties were built.
The main issue for many people, however, will be how did such a relatively small disagreement lead to such prolonged and expensive court proceedings.
Disagreements between neighbours are likely to occur from time to time but usually it is far better for all concerned if they are settled in an amicable way out of court.
It is usually better if both sides consult a solicitor for legal advice as soon as it becomes clear that they cannot reach agreement between themselves. Solicitors will be able to advise on the legal position and this is often enough to help people make sensible decisions that prevent matters getting out of hand.
If the two sides still can’t resolve the matter then a solicitor will be able arrange mediation so an agreement can still be reached that is fair to both sides and which prevents costs from spiralling out of proportion to the issue at stake.
Please contact us if you would like more information about the issues raised in this article.
July 2010
The views expressed in this article are those of the article contributors, for which Judge & Priestley LLP accepts no responsibility. Readers should take appropriate legal advice before acting on any issues raised
