How To Get an Injunction Against a Neighbour in the UK?
Key Takeaways
- – An injunction is a court order that compels or prevents a specific action, often used to address nuisance behaviour from neighbours.
- – You can apply for a civil injunction against a neighbour through the court, typically after all reasonable diplomatic efforts have been exhausted.
- – Injunctions are commonly used when a neighbour is abusing a right of way, causing a nuisance, or engaging in anti-social behaviour.
- – To get an injunction, you’ll need legal advice, evidence of the issue, and proof that the matter is serious enough for court intervention.
An injunction is a court order that forces someone to do something or prevents them from doing something. If you want an injunction against your neighbour, you will therefore need to go to court to request one. An injunction is a court order issued against a particular person (or group) to either prohibit or require them to perform a particular action.
Injunctions are often applied for against nuisance neighbours to compel them to take reasonable action they refuse to take—like pruning a tree on their property blocking out your light, or preventing them from accessing your land (trespassing).
An injunction can also prohibit neighbours from playing excessively loud music or indulging in other forms of anti-social behaviour.
A property injunction is commonly used for matters that constitute a nuisance between neighbours, such as impeding or abusing a right of way, inconsiderate parking or anti-social behaviour.
Applying for an Injunction
Applying for an injunction against a neighbour isn’t something you should take lightly. However, if you feel backed into a corner and your neighbour hasn’t taken steps to rectify the problem, an injunction may be the best option.
To apply for an injunction under the Protection from Harassment Act 1997, you’ll need to consult a solicitor to guide you through the process. They’ll assess your situation and check it meets the legal threshold for an injunction. Your solicitor will also help you gather necessary proof, such as photos, videos, witness statements, and relevant communication records like texts and emails. If the court finds sufficient evidence, it may grant an injunction.
There’s an old legal adage that you need the “truth and proof, plus legal representation” before you apply to the court seeking an injunction. Proof may require gathering evidence of the nuisance or act of omission over days, weeks and months in order to have enough material facts to put before the court. The burden is on the applicant to prove your application and claim on the balance of probability. There are further specific factors the court will consider before granting an injunction and the court will apply the American Cyanamid guidelines when considering these types of applications- named after the pivotal case in this area.
The American Cyanamid guidelines are, in brief;
- Whether there is a serious question to be tried;
- Where the balance of convenience lies; and
- Whether there are any special factors.
Injunctions are expensive and urgent types of court orders. By their nature they almost exclusively require urgency to be obtainable. It would be usual to exhaust diplomacy before resorting to applying for an injunction. Setting out the detail of your complaint and issue in writing to the neighbour, outlining what may happen next if the dispute escalates or remains unresolved are all important, and the court will expect to see evidence of attempts to avoid litigation. There is also the option of offering to use forms of mediation.
At a hearing in either the county court or the high court, a judge will decide whether or not to grant the injunction.
Applying for an injunction shouldn’t be taken lightly and given the importance of protecting land and rights, as well as positioning you to later recover your legal costs, it is proportionate to obtain legal advice in this area.
FAQs
What is an injunction against a neighbour?
An injunction is a court order that compels or prevents a specific action. It can be used to stop nuisance or anti-social behaviour from a neighbour, or to require them to take certain steps, such as respecting property boundaries.
How do I get an injunction against a neighbour?
You’ll need to apply to the court, usually with the help of a solicitor. The process involves gathering evidence, showing that the matter is serious enough for court intervention, and demonstrating that all reasonable attempts at resolving the issue have been exhausted.
What is a civil injunction against a neighbour?
A civil injunction is a court order obtained through civil proceedings to stop nuisance behaviour or enforce a right. It is commonly used when a neighbour causes a nuisance, abuses access rights, or engages in anti-social conduct.
Can I get an injunction if my neighbour is abusing a right of way?
Yes. An injunction is often sought where a neighbour impedes or abuses a right of way. You’ll need to provide evidence of the problem, show attempts to resolve it amicably, and demonstrate that court intervention is necessary.