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Buy of the week: Camden Town
This two-bedroom flat has a pretty park on its doorstep, while buzzing Camden Town is only 10 minutes’ walk away. Big sash windows and high ceilings give a spacious feel and there’s a private garden with a studio/home office (£525,000).
Swap of the week: Willersey, Glouc
This little Cotswolds beauty is just across the road from the village green and duck pond. For £530,000 you get beams, exposed stone walls and an open fireplace, plus four bedrooms, a useful attic room and lush gardens to enjoy.
Life-changer: Trescowe, Cornwall
For a project brimming with potential, what about this coastal home, yours for £545,000? The family space includes six bedrooms, while its collection of outbuildings overlooking an acre of gardens could become income-generating holiday lets.
Spotlight on Camden Town
The shops and markets clustered around the high street and canal make Camden one of the most colourful of London's neighbourhoods. The area's period homes and loft-style apartments attract a mix of homebuyers.
Property search
Everything in the garden isn't lovely
Our lawyer, Fiona McNulty looks at the legal rights a property owner has when a neighbouring garden is derelict and causing a nuisance
© Malcolm Willett (www.willett-ink.co.uk)
There is an infestation of rats that may have been attracted by food waste. Do I have any legal rights to force the owner to clear up his land?
Answer: The owner of the neighbouring garden is clearly causing a nuisance and so you could bring a claim for private nuisance against your neighbour for interfering unlawfully with your land.
However, to avoid the cost and risk of litigation you could contact your local council. If the premises are in such a state that they create a nuisance or are prejudicial to health, the local authority can take enforcement action.
The council is obliged to investigate any complaint, and if the situation amounts to what is known as a statutory nuisance then it can serve an abatement notice on the owner or occupier of the neighbouring land, requiring the garden to be tidied up within a period of time. It is a criminal offence to ignore an abatement notice.
If the council does not take enforcement action you may begin proceedings yourself by submitting a complaint to the magistrates court after notifying your neighbour in writing of your intention.
Alternatively, as your enjoyment of your property is being affected by the state of the neighbouring land, you could lodge a complaint with the planning department of your local council, which could also serve a notice requiring your neighbour to remedy the situation. If your neighbour failed to comply with the terms of that notice an offence would be committed.
What's your problem?
If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk. We regret that questions cannot be answered individually.
Fiona is a partner in the property team at Thring Townsend Lee & Pembertons Solicitors www.ttuk.com.
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