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How to avoid (and settle) neighbour disputes

Published on 24 Feb 2023

When you buy your own home, you’re imagining many happy years ahead filled with milestones and memories and very few people even consider the neighbours when choosing their forever homes but the fact of the matter is that disputes can, and often do, happen.

Of course, once you’ve signed on the dotted line and moved in, you’re stuck with your neighbours so it’s worth taking the time to do a little homework beforehand, especially if you’re moving to a new neighbourhood.

It’s obviously impossible to completely rule out the possibility of neighbourly disturbances or disagreements, but there are a few things you can do to get a good idea of your prospective neighbours.

1. Drive through the neighbourhood on a weeknight: At this time of the day, the chances are that most of your neighbours should be home and you’ll be able to experience the true lay of the land. Take a slow cruise and listen out for loud music, shouting or arguing and incessant dog barking;

2. Walk the neighbourhood during rush hour: Park nearby and cover not only your intended block, but also the adjacent blocks. Look at the general state of repair of homes, gardens and verges in the area. Chat to any neighbours and local shopkeepers you encounter on the way;

3. Take a cyber-tour: ‘Google Street View’ will afford you a view from an angle you would never normally see. Zoom in on empty lots and neighbouring back gardens and look for red flags like backyard panel beater shops or rubbish dumps on open land.

If you are considering buying in a secure estate for the first time, there are a few additional checks you could (and should) run because living in close proximity to others and following a set of rules and regulations can be a challenge if you’re not used to it.

1. In order to ensure that you’ll be as comfortable as possible, it’s important to confirm that the general configuration of the estate matches your own lifestyle pattern.

2. Check if there are any obvious challenges to your lifestyle and privacy needs, such as minimal property boundaries, insufficient off-street and visitor parking, poorly administered rules or restrictions on freedoms you don’t think you can do without.

3. It’s also a good idea to talk to the HomeOwners Association or the managing agents and to check if you know anyone who knows someone who already lives in the estate.

Once you’ve moved into your home, the best way to avert possible future problems is through communication so pop over and introduce yourself to your new neighbours.

Neighbourliness works both ways and the best place to start is by being a good neighbour yourself, and if you are at least on friendly speaking terms, you are likely to be able to head off any issues before they become real problems.

This will also buffer you and your family because if your neighbour has an issue with anything you are doing, they are likely to come and chat to you rather than lay a complaint with the local authorities or the body corporate.

Sometimes, however, despite one’s best efforts, you could still end up with problematic neighbours and you’ll have to try and resolve the matter before it escalates into an all out war or even a costly court battle.

You have a number of options but your course of action should always depend on the level of annoyance your neighbour causes.

Very important is to act as soon as possible and to always start with a friendly approach, only resorting to more drastic measures if nothing else seems to be working.

If this doesn’t work, there are several steps you can take to try and resolve a problem before it escalates to the point of becoming a costly legal battle:

Make sure the problem is really worth a fight: There’s a big difference between a neighbour who is occasionally noisy when a beer too many is consumed at a Sunday braai and one who hosts loud and late parties every weekend and consistently interferes with your quality of life.

Document the problem: You don’t want to go to war over what could be a once-off occurrence, so when an issue first arises, start keeping a note of times and dates and take photos if necessary. This way you can evaluate the problem and also have back-up should you need it at a later stage.

Take time to cool off: If you storm over in a rage in the heat of the moment to confront your neighbour, it’s unlikely to end well. We are definitely not our best or most understanding selves when angry and few resolutions have ever been reached through a screaming match.

Talk rather than accuse: Your neighbour may not even be aware that there is a problem, so tell them what’s bothering you in an open and honest way. You don’t want to unnecessarily make an enemy of your neighbour by being rude or passive-aggressive so try to remain calm and positive.

Check with other neighbours: If they are also experiencing issues with the same neighbour. they may be willing to side with you and help resolve the issue. It also makes it harder for the problematic neighbour to deny that there is a problem.

Go over their heads: If you live in a sectional title complex/cluster or an estate, contact the homeowner’s association or body corporate and see if they can resolve it more easily, or, if it’s a rented property, contact the landlord for assistance.

The important thing to remember is that most of the neighbour disputes that end up in court, do so through poor communication and there are many steps one can take before it gets to that point.

So, in order to maintain your sanity and minimise the stress, try to keep your eye on the end goal and always bear in mind that if you approach the matter with politeness and respect, it’s far more likely that you’ll find a solution without things getting too messy.”

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