Clarus Press has launched the first publication in Ireland to deal specifically with the range of legal issues that arises between neighbours. The newly published law book entitled “Neighbours and the Law” provides an up-to-date analysis of neighbourhood law guiding the reader through the many intricacies and pitfalls.
Readers will get an overview of the everyday issues that occur in urban and rural neighbourhood life, including a guide to the civil and statutory remedies for the range of problems that arise between neighbours from boundary disputes to derelict and unsanitary sites.
Author Tadgh Kelly, solicitor with Pearts Solicitors and mediator with Mediation Chambers Ireland, Dublin gives an account of this specialised area of law; “Boundary disputes between neighbours can arise over a myriad of issues ranging from arguments over boundaries and encroaching tree branches and roots, to complaints about noise pollution and backyard burning of waste to name but a few.
“Unfortunately such disputes can be torrid and drawn out affairs that leave neighbourly relations in tatters at the end of the dispute. Unlike other areas of legal dispute however, the problem here is that those involved in the dispute must continue to live beside each other long after the dust has settled. This is why there is a growing reliance on alternative methods of dispute resolution such as mediation and conciliation which seek to steer disputants away from the courts and costly litigation and have the added advantage of maintaining some degree of civility between neighbours at the conclusion of the matter”.
As well as appealing to legal professionals, the book is written in a style accessible to members of the public as well as farmers, landowners, home-owners, business owners, persons in control of property and anyone interested in neighbourhood law.
The book offers practical advice for drafting planning objections and appeals, unauthorised development complaints, and also diary sheets to facilitate the obtaining of noise orders or the making of complaints in relation to nuisance caused by backyard burning of waste.
The book also provides a detailed analysis of the Land Reform and Conveyancing Act 2009 (as amended) in relation to neighbourhood issues such as the practice and procedure for obtaining a Works Order to allow for access to neighbouring lands in order to carry out works on party structures, and new timeframes and methodology for the obtaining and registration of easements such as rights of way.
Other topics include boundary disputes, low flying aircraft, animals and the law, adverse possession and squatters’ rights, occupiers’ liability, civil liability for visitors on property and defence of dwelling.
This book has an RRP of €38 and is on sale from specialist bookshops nationwide.