Island Life Magazine Ltd June/July 2011 | Page 34

PROPERTY LEGAL ISSUES with Terence Willey & Company Neighbour Disputes Disputes with neighbours can often be extremely troublesome and can cause in many cases stress and anxiety. Where at all possible every attempt should be made to settle a dispute between individuals. Indeed the Courts themselves, in considering any action, would wish to see that the process of proper dialogue and mediation has been fully explored. Due consideration must also be given to any continuing and unresolved neighbour disputes when selling a property as full details would have to be disclosed to a buyer, which could well prejudice a sale. Public Authorities can use what is called an Anti Social Behaviour Order against anti social individuals. Suc h Orders are not so helpful to private individuals and to obtain such an Order the individual will have to join a Public Authority to their claim. The Public Authority would have to support the claim in practical terms and it is therefore rare that a private individual is able to use the Anti Social Behaviour Order procedure. For example if the defending neighbour happens to be a tenant of a Public Authority, then the best remedy would be to lodge your complaint in the first instance to the Public Authority, as the tenants’ landlord, and request them to seek an Order against the tenant for such anti social behaviour. In addition Public Authorities can take action against anti social tenants by applying for an Order and have their tenancy completely reviewed and reduced into what is described as an "introductory tenancy" whereby the tenant will no longer have the benefit of long security of tenure and this process will have an effect of allowing the Public Authority as landlord to recover possession more easily. The costs of bringing such an action, both on the part of a Public Authority or a private individual, must be carefully considered and taken into account before embarking upon such. The advantages of resolving a situation for your future protection and security must remain the highest priority. Terence Willey & Company., Lawyers and Commissioners for Oaths (incorporating Malcolm Daniells & Company and The Bembridge Law Practice) Contact Terence Willey 01983 875859 or Mark Willey 01983 611888 www.terencewilley.co.uk 34 www.visitislandlife.com