last updated October 21st, 2025
Ideally you will avoid property disputes when buying a home but sometimes they are unavoidable if you really want a particular property. Disputes are a common source of tension between neighbours and landowners often leading to complex legal issues dragging on for years. Addressing these disputes promptly possibly using mediation can help to give quick fair outcomes while balancing the rights of each property owner. Alternative dispute resolution methods such as mediation are often preferred to minimise costs as courts are expensive and it is in everybody's interest to find a solution and hopefully preserve neighbourly relations. This guide examines key topics in property-related problems including boundary disputes, trespass claims, party wall issues, nuisance claims, property damage, restrictive covenants, rights to light, easements, harassment and the application of the Access to Neighbouring Land Act (ANLA). Always seek expert advice in a dispute!
Always ask the seller about any previous or ongoing disputes before house purchase - they are usually legally obliged to tell you about problems. If during a survey it becomes obvious that you need access or permission from neighbours or a neighbour must share costs to carry out repairs, think carefully before purchase and see if the neighbours are agreeable. If you are thinking of an extension where a neighbours agreement is required try and negotiate this before the purchase if possible.
Boundary disputes arise when neighbouring landowners disagree about the location of their property lines (also known as curtilage). Resolving such conflicts requires careful analysis of title deeds, land registry documents and historical evidence. Adverse possession occurs when somebody intentionally takes control of land not owned by them perhaps by moving a fence for example. If it is allowed to continue for 12 years without challenge they may be deemed owner of the land concerned.
The Land Registration Act 2002 plays a crucial role in resolving boundary issues encouraging accurate property descriptions in official records. When boundaries are unclear courts may rely on physical markers, witness evidence and historical usage patterns to determine the rightful division of land. Look up old maps such as at the Historical Maps at University of Scotland and scour the internet for old photos and local newspapers for old data. A fence is often the apparent maker of a boundary and invariably there are 'fence disputes' often based on one neighbour arguing over the ownership and maintenance of the fence or its placement. On older properties where families live side by side one party may have given over land to the neighbour for something as simple as building a shed but may have never legally recorded the transfer.
Airspace is the immediate space above your site that typically belongs to you up to an approximate height of 150-300m. You may have the right to build into it depending on local planning laws so it has a commercial value as you could add an extra floor to your house as an example. You also own the ground below a home usually so you can possibly build a basement but Mineral Rights belong to the Crown.
Trespass occurs when an individual unlawfully enters or remains on another's land without permission and this includes the airspace and below ground. Trespass on private property is not a criminal offence. Civil trespass in law focuses on protecting property rights.
To establish a trespass claim, the claimant must prove:
Even minimal intrusions, such as overhanging branches, may constitute trespass. Remedies include damages and orders for the removal of offending structures. The case of Anchor Brewhouse Developments Ltd v Berkley House (Docklands Developments) Ltd (1987) is a famous case where a tower crane was not allowed to pass over neighbouring land.
Party walls which are shared walls including house and fence walls between adjoining properties are a frequent source of legal disputes. Walls that are built at the edge of a property or within 3 metres of a neighbours property can also be sources of dispute. The Party Wall Act 1996 provides a statutory framework for resolving conflicts ensuring that building works on party walls or nearby building/excavation are conducted with due consideration for neighbours. During a house survey you should always have the roof checked as at least part of it may be resting on a party wall if you are buying a semi-detached or terraced home. If repair works are needed or you find cracks costs can escalate and complications on liability may arise.
Key provisions include:
Failure to comply with the Act may result in injunctions or liability for damages so understanding and adhering to the statutory obligations can prevent costly legal battles.
Nuisance law addresses situations where an individual’s use of their land interferes with their neighbour’s enjoyment of their property. It can be categorised as:
Generally speaking, only those that only those with a financial/ownership interest in the affected land could bring nuisance claims. Remedies include damages or abatement orders to stop the nuisance.
Damage to property includes physical harm caused by negligent or intentional acts such as vehicle collisions or construction mishaps - making sure your contractors and surveyors/advisors are insured offers coverage for repair costs.
A landowner may be held strictly liable for damage resulting from non-natural use of their land. For instance if a reservoir leaks and floods neighbouring land, the owner may be liable regardless of negligence. This ensures accountability for activities posing inherent risks. If water is naturally flowing onto your land from a neighbour during rain, you may have to tolerate the problem but if the neighbour has placed their rainwater pipes in a way that flooded your land, you probably have a case. (Buying a home with flood risk or chance of water damage).
Restrictive covenants are agreements limiting how land may be used often imposed to maintain uniformity or preserve property values in residential areas. Breaching these covenants can lead to disputes between landowners. For example, a covenant may prohibit a building being used for commercial activity in a residential neighbourhood. Enforcement typically involves injunctive relief or damages with courts balancing the interests of the affected parties. Restrictive covenants bind future owners of the land so you do need to know about them at an early stage when selecting a new home.
The right to light ('ancient lights') allows property owners to receive natural light through windows without obstruction. This right can be acquired usually through 'Express grant' when it is included in property deeds or 'Prescription' where there has been 'Continuous and uninterrupted use' for at least 20 years. In modern urban settings balancing the right to light with development needs is a constant challenge and you do need to keep aware of new or proposed developments near your property.
Easements grant individuals specific rights to use another's land such as accessing a driveway or installing electric cables. They may be created through express agreements, necessity or long-standing usage. With shared driveways, one or more parties own the driveway and it is agreed formally or informally that neighbours can drive on it. Disputes often arise over the scope of easements including whether they permit additional uses or extend to 'successors in title' (new owners). Resolving these conflicts requires interpreting the intent of the original agreement and the practical implications for both parties.
Neighbour disputes can escalate into harassment involving behaviour intended to cause distress or alarm. Victims may go down the legal path for persistent harassment including verbal abuse, intimidation or surveillance. The problem is that you may have to undergo years of bad behaviour before you can act to stop it - generally avoid any property where there has been conduct like this. Both civil and criminal remedies including restraining orders and damages for emotional distress are available but do you really want the trouble?
This act and the party Wall Act allows landowners to apply for access rights to neighbouring property for essential maintenance or repairs. They balance the rights of neighbours ensuring that necessary work can be performed without undue interference. If the neighbours will not cooperate, they offers pathways on how to manage disputes
