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Neighbours and the Law
Neighbours and the Law
5th Edition
Practice Area:  Land & Property
ISBN:  9781847037237
Published by:  Sweet & Maxwell
Publication Date:  23 Jul 2009
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION
The body of law concerning matters which affect relations between neighbours is wide-ranging and often complex. Now in its 5th edition, Neighbours and the Law is the only publication so comprehensively to draw together all of this information in one volume.

This practical work explains the possible causes of action and remedies available to parties involved in a dispute. Neighbours and the Law gives guidance on the various procedures for obtaining redress against private individuals, as well as against public authorities that fail to comply with their regulatory duties. It covers issues as varied as:

  • Boundary disputes
  • Rights to light, air and support
  • Environmental issues
  • Rights of way and parking
  • Party walls, fences and hedges
  • Planning and building control


  • The 5th edition has been fully updated to take account of numerous developments in the law including the Housing Act 2004, the Clean Neighbourhoods & Environment Act 2005, the Planning Act 2008, amendments to the Civil Procedure Rules 1998 and all relevant new case law. It has many new and updated sections, dealing with areas such as empty dwellings, flooding, licensed premises, and proceedings before the Adjudicator to HM Land Registry.

    There is an updated selection of precedents for use in frequently encountered situations. The title also includes the texts of Part 35 of the Civil Procedure Rules, the new Protocol for the Instruction of Experts to give evidence in civil claims and the Access to Neighbouring Land Act 1992, as well as a revised list of useful website addresses.

    Neighbours and the Law is a quick and convenient reference work for all solicitors, barristers, surveyors and other professionals advising on neighbour disputes, as well as for local authority legal and other departments who may be called upon to give advice to members of the public or to take regulatory action in connection with such a dispute.
    CONTENTS
    Boundaries (including Land Registration provisions)
    Rights and Restrictions
    Covenants
    Party Walls, Fences and Hedges (including high hedge procedures)
    Civil Causes of Action (with sections on misrepresentation, Rylands v Fletcher and breach of ECHR)
    Specific Circumstances - including sections on:
    • Anti-social behaviour
    • Flooding and flood prevention
    • Ionising radiation
    • Masts and pylons
    • Environmental pollution
    • Gas and electricity
    • Highways and streetworks
    • Land contamination
    • Litter
    • Noise
    • Skips and abandoned vehicles
    • Waste
    Planning Control
    Building Control
    Obtaining Redress - including sections on:
    • Insurance
    • Holding public bodies to account
    • Private litigation
    • Private arbitration and alternative dispute resolution
    Appendices:
    • Precedents
    • Civil Procedure Rules, Part 35. This includes the Editorial Introduction from the 2005 White Book, Part 35 (with some footnotes), the Practice Direction, and the Code of Practice for Experts.
    • Useful websites
    CONTRIBUTOR INFORMATION
    John Pugh-Smith is a barrister and mediator at 39 Essex Street Chambers practising in administrative, planning and environmental law.

    Graham Sinclair is a barrister and accredited mediator at East Anglian Chambers practising in property, trusts and local government law.

    William Upton is a barrister at 6 Pump Court Chambers practising and lecturing in planning, environmental and local government law.
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