You will have to prove that the noise is such that it stops you from enjoying the property. In order to prove your case, you will need to collect records over a period of time, and if you suffer on medical grounds, get a note from your Doctor. The EHO can also de-activate noisy car alarms, and can enter premises to disconnect an alarm that keeps going off. Noisy building work that carries on at unreasonable times can also be curbed by either the Local Authority imposing restrictions on the hours a neighbour can work, or seeking an injunction in the Country Court. Once a building or wall has been erected, the Courts are reluctant to order it to be taken down, but will usually award damages instead.
Boundary disputes are some of the more tricky areas of law.
These can be sorted out in Court, but this can cost tens of thousands of pounds. The main problem with sorting out boundaries is that the plans of your land obtainable from HM Land Registry are not accurate enough to state exactly where your boundaries lie. If there is a genuine dispute over where boundaries lie, you are best advised to appoint an independent Surveyor who can interpret the plans with reference to the two properties. Normally, the ownership should be clear from looking at the Title Documents and plans of the property. If the supporting posts face your property, then the law presumes that the fence is yours.