How to resolve neighbour disputes
You have searched for weeks-on-end and you have finally
found your "perfect" home. You successfully negotiate a deal and you can hardly
wait to take possession of your new dream home. You move in only to find out
that a neighbour is far from perfect. Your initial excitement wanes as you
experience unforeseen problems with him or her.
Why do neighbours' dispute?
Experts agree that while disagreements can occur for a
multitude of reasons, the primary causes are noise issues, fence and other
boundary disputes, and unruly trees. While there are no official statistics,
anecdotal evidence suggests there has recently been a rise in the number of
neigbhour disputes.
How to resolve the disputes?
Let me begin by stating the obvious. The best situation
is when all neighbours get along. We can all do our part in helping to make this
happen by being good neighbours ourselves and being respectful of other people’s
property. This means being cognizant of how our actions affect each other. For
example: Does your neighbour have young children who are in bed early and
probably can’t sleep through your all-night parties you hold every weekend? Is
your neighbour’s view impeded by the fact your park your truck on the road in
front of their house every day? Do your children litter? Does your dog bark
incessantly when outside or leave its waste on other people’s lawns?
If conflict does arise however, then I strongly
encourage homeowners to resist the temptation to sue! This really should be the
last measure taken and only if all other steps fail. This is because typically,
the legal process can costs upwards of ten thousand dollars, and take an
unforeseeable amount of time. Unless the damages are sizeable, this option isn't
one I would recommend.
Initially when a problem does arise with a neighbour,
it’s prudent to begin logging the incidence(s). While hindsight is 20/20, it’s
best to begin doing this right from the beginning, when the problem is only
minor but has the potential to escalate. Be certain to write down dates, the
specific problem and any other observations that you may deem to be important,
including exact conversations. This log will assist you in the future when you
are discussing the problem with your neighbour, and if necessary, it will be
handy for both the police and the courts.
There are local laws and regulations governing noise,
pets, eyesores, land encroachment, and the accumulation of junk vehicles. You
may want to investigate them.
The next step is to approach your neighbour and discuss
your concerns. While the temptation may be otherwise, it’s prudent to begin
conversing with your neighbour in an open, pleasant manner and with the attitude
that the problem can be resolved. When speaking with your neighour, try to be
open and non-confrontational. Try to use phrases like: “I thought you might not
be aware of,” and “How do you suggest we approach this?” Also remember that the
person may not acknowledge your point right away, but may change their behavior
or address the problem later (once they have thought it over). Often times, a
neighbour is not even aware that there’s a problem. Please keep this in mind.
Ideally, a resolution will be this simple and will result from amiable
conversations.
If that doesn't work, a less formal and less expensive
option than the courts is mediation. A neutral third party may often help shed
some light on the problems and hopefully put closure to these issues. In Peel,
the Peel Community Mediation Service exists for just that reason. This free
service, which may be contacted at 905-273-4884 ext 204
may benefit you.
Another mediation option is to take your concerns to
your local city counselor, who will, in all likelihood, have experiences in such
matter and may be able to offer some assistance.
If that again doesn't work and tension continues to
mount, you may need to engage the services of the police. This is when your
diary will be useful in accurately depicting the history of events.
If all else fails, it may be necessary to get a legal
opinion from a lawyer and then weight the costs/benefits of taking legal action.
As stated earlier, this should be viewed as the last option.
In conclusion, an inevitable part of home ownership is
the potential for conflict with your neighbours. It is important to take all
measures to try to have a peaceful resolution. Remember, these folks could be
your neighbours for years to come!!