Trespass and Nuisance Claims
As with boundary disputes, trespass and nuisance claims between neighbouring property owners often generate more ill feeling and unreasonable behaviour than any other form of disagreement. In no time at all, the two sides can become entrenched and lose sight of the bigger picture.
Increasingly, Judges have made it clear that they do not consider the Courts provide the best environment for resolving these types of dispute and have positively encouraged alternative dispute resolution in the form of mediation.