Dealing with a property or boundary dispute

Disputes with neighbours have the reputation of escalating and becoming entrenched, with bitter arguments sometimes going on for years. The cause of a dispute can often be quite minor and it is usually worth the effort of resolving it so that both parties can move on.

Main causes of property disputes

There are numerous causes of neighbour disputes, from disagreements over ownership of land to complaints about noise and antisocial behaviour. Two main causes of falling out between neighbours are the issues of boundaries and trees and hedges.

Boundaries

Difficulties are commonplace when it comes to boundaries. Disagreements arise over where they are, who owns the land on which a fence or wall is situated, who should maintain the fence, wall or hedge and the condition of any boundary structure.

Title deeds rarely show boundaries accurately due to their scale. A thick line on a small plan can give two or more metres of discrepancy on the ground.

With no legal certainty contained in Land Registry records, boundary disputes are usually best settled by negotiation.

If you are able to come to an agreement with your neighbour over the issue, it is worth having a detailed plan of the determined boundary drawn up by a chartered surveyor and registering it against both your property and your neighbour’s at the Land Registry.

Trees, hedges and shrubs

Another main cause for disagreement is overhanging or poorly maintained foliage. Large trees may cause damage to your property or block the light.

You are entitled to cut back anything that is growing over your side of the boundary. By rights, anything that you remove should be returned to your neighbour. If possible, try and have a discussion before doing the work. Cutting back a tree and throwing the branches onto the neighbouring land could worsen your relationship.

If a tree is damaging your property, your neighbour will be required to pay the cost of any repairs.

Debris that falls from neighbouring foliage into your garden does not legally constitute a nuisance and so you will need to deal with this yourself.

If your light is being blocked, try and explain to your neighbour how this is affecting you. Invite them to see your property from inside if it is dark so that they can understand the problem. If they are not willing to discuss the situation, you can lodge an official complaint with the local authority. Make sure you tell your neighbours what you propose doing first, to give them a final chance to address the situation.

The rules may seem harsh if you are suffering problems from your neighbour’s trees or hedges and trying to come to some agreement is usually the best option.

Dealing with your neighbours

It is always better to try and reach an amicable solution than to end up fighting a case in court. If you and your neighbours have not been able to agree, then involving a solicitor may help. Negotiating with a legal professional may remove some of the heat from the situation and help those involved see a way through the difficulties.

Overall, try and remain calm and don’t react to a situation without thinking it through. Putting your point of view politely in a letter can be a good way of opening communications.

Mediation can also be a very valuable tool in finding a resolution that is mutually acceptable, particularly when other efforts have failed.

Contact us

At Quinn Legal, we can advise you of your legal situation in respect of a boundary dispute or other property matter so that you know where you stand. We can also enter into negotiations on your behalf to try and resolve a dispute amicably.

For a no obligation initial consultation or to make an initial free enquiry, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.

Understand company basics and identify who you’re dealing with

Throughout daily life you’ll regularly deal with businesses on the Isle of Man and in other countries. From the plumber who comes to mend a leak to the high-street chain-shop you prefer to buy clothes from, and the company that offers professional services, companies interact with you to supply a huge variety of products and services.

When everything runs smoothly you generally won’t give these companies a second thought, but when things go wrong it’s often necessary to look at the legal identity of who you’ve been dealing with.

A small trader will often work under his own name or a registered business name, and two or more individuals may be trading as a partnership.

However, in most cases you’ll find that businesses have chosen to form a limited company. Our blog series will focus on limited companies; explaining company basics, the role of the directors, administration basics, and what’s involved in winding up a company.

What is a company?

In simple terms, a company is an entity with an identity that is independent of its staff, shareholders, and officers. It can only be created under a legal framework, and in the Isle of Man there is a choice between a company formed under the Companies Act 1931 or one formed under the Companies Act 2006. The registration procedures for each differ but you’re in no different position when you deal with either.

How do you know you’re dealing with a company?

Start with the paperwork. All official documents issued by an Isle of Man company (in which the company name appears) must by law show the company number, the registered office of the company and the place of registration. You can also find out basic information about a company by enquiring at the Companies Registry or making a search online on their website.

Why is it important to identify if you’re dealing with a company?

As we’ve already said a company is normally separate from its members and officers, so if it finds itself in financial difficulties, it’s only the company’s assets that are available to satisfy its liabilities. Equally, if you’ve experienced a problem with a service or product and you plan to make a claim, it’s important that you choose the right individual or firm to issue legal proceedings against.

Next time

In this post, we’ve looked at what a company is and your position when dealing with a company. Next time we’ll be looking in more detail at the position of company directors.

What’s your next move?

When you’re dealing with a company and problems arise, it can be difficult to solve them on your own. If you’re having trouble with a company and plan to make a claim, Quinn Legal’s litigation team can support you with quality legal advice and expertise in resolving disputes.

For people working in a company or running their own business, company law and regulation can be complex. If you’re experiencing difficulties navigating this area of law, it’s worth seeking legal advice from a team of company law experts. With industry-experience, Quinn Legal’s business team has specialist advocates ready to listen to your business needs and advise on a huge variety of company concerns.

To make an enquiry, get in touch with our approachable teams by calling 01624 665522 or emailing hello@quinnlegal.im

Quinn Legal Strengthens its Leadership Team

Leading Isle of Man law firm Quinn Legal has appointed Paul Blake as Chief Operating Officer, in a leadership position that reflects Quinn Legal’s progressive approach to firm management.

Paul will join the Leadership Team in order to further drive efficiencies and business performance. He will be involved in the day to day running of the business, leading and implementing change to deliver the business plan.

Paul has extensive experience operating as COO, providing strategic advice and delivering operational improvement. He joins the firm following a successful nine-year tenure with another Isle of Man based law firm. Previously, for over 12 years, Paul had a successful banking career in various leadership roles, both in the UK and Offshore.

James Quinn, Chief Inspiration Officer at Quinn Legal commented: “I am delighted that Paul has joined Quinn Legal; his significant operational management experience will be a tremendous asset for the firm. We are a friendly and approachable full-service law firm with a loyal client base and a great team and are extremely proud to have received recognition from a number of highly-respected award bodies over the years. But, to be able to develop further for our clients, the services both in scope and quality, we require the skill set that Paul offers. As part of the leadership team, Paul will be responsible for developing the business and driving the firm’s strategy forward. This is a very exciting time for the firm as we look to achieve our ambitious plans.”

Paul Blake went on to say, “I am absolutely delighted to be taking on this role and to be joining such a progressive and forward-thinking firm. I am eager to start working with the leadership team to identify and deliver initiatives that will allow the firm to meet its clients’ evolving needs and continue the success that the firm has already had in providing the best client focused legal solutions in the Isle of Man market.”

Karen Cooke joins the Quinn Legal Litigation Team

Quinn Legal is pleased to announce that Karen joined the business in May 2018 as a Litigation Clerk.

Karen is highly regarded within the legal profession, bringing her knowledge and experience, which extends across legal assistance, legal research and civil litigation, to the business. In addition, she has an invaluable working knowledge of court procedures and the Rules of the High Court of Justice, having been at the Isle of Man Courts of Justice for six years as Chancery Team Manager and Senior Clerk to the First Deemster.

Nonetheless, even though a strong and resilient legal professional, Karen still continues to develop her knowledge and is currently studying for her Level 3 Certificate in Civil Litigation with Tort, focused in Civil Litigation, from CILEx Law School. Away from business, Karen is also a passionate fan of Formula One racing and adores the Rolling Stones. She also has a keen interest in tracing her family history with having links to Russia and the West Indies.

Ashley Kneale, Litigation Advocate, added: “We are extremely proud to welcome Karen to the team. Her depth of knowledge and wide experience will be extremely valuable to us as we continue to develop the business to better benefit our clients. A true asset to Quinn Legal.”

Brexit and Data Protection Isle of Man

On Wednesday 19^th October, Quinn Legal sponsored an important Brexit, Data Protection and the Isle of Man lecture. Hosted by the Institute of Chartered Secretaries and Administrators, the topic was delivered by two of the firm’s advocates, Steven Coren (Isle of Man civil litigation) and Peter Cannell (Isle of Man corporate and commercial law).

The lecture highlighted what the future may hold in light of Brexit, the Isle of Man’s current data protection position and a discussion of how the proposed General Data Protection Regulation will likely affect local businesses.

Steven and Peter’s discussion was well received by local residents:

Just a quick note to say – ‘great job’ – on your talk last night – very informative and much appreciated.

Thanks again to you and Peter for an excellent talk last night which was well received.

Thank you for the lecture last night which I enjoyed and found very informative.

To follow from last week’s lecture, we’ll consider Brexit, data protection, and their impacts on the Isle of Man in this blog post.

What is the Isle of Man’s constitutional status?

A self-governing Crown Dependency, the Isle of Man is neither part of the United Kingdom, nor an EU member state. The Island has its own legislature, executive and judiciary.

The traditional view, as set out in the Kilbrandon Report of 1973 (see also Crown Dependencies: developments since 2010), was that the Crown was responsible in international law for the Isle of Man’s international relations and defence. The Island retained domestic legislative competence, but the Crown remained ultimately responsible for the Isle of Man’s ‘good government’. The scope of the UK’s ability to legislate for the Isle of Man has remained open to some debate. In recent years, the UK and the Isle of Man have also agreed a framework to develop the Island’s international identity.

How might Brexit affect the Island’s relationships with the UK and the EU?

In the June 2016 referendum, the UK voted (by 51.9% to 48.1%) to leave the EU. The UK Prime Minister recently indicated that the UK will start the process of ‘Brexit’, by triggering Article 50 of the Lisbon Treaty, by the end of March 2017. Whether this may occur without the consent of the UK Parliament is awaiting a decision, at the time of writing this blog post, from the High Court in London.

The process of Brexit will involve a re-appraisal of the Isle of Man’s relationship with both the UK and the EU, and is likely to raise a host of constitutional law issues with real, practical implications for individuals and businesses on the Isle of Man. This is not least because the primary basis for the Island’s current relationship with the EU – Protocol 3 of the Act of Accession 1972 – will itself come to an end when the UK leaves the EU.

The Isle of Man European Union Advisory Group, reporting to the Council of Ministers, is currently considering where and how the EU law impacts on the Isle of Man, in order to prepare for the process of withdrawing from the Island’s Protocol 3 relationship with the EU. The Advisory Group is also considering what new relationship the Isle of Man might have with the EU. The wide range of EU law currently applied, or applicable, in the Isle of Man makes this a potentially daunting task.

In the meantime, a post-referendum exchange of correspondence between the Chief Ministers of the three Crown Dependencies and the UK Prime Minister elicited the indication, from the UK Prime Minister, that the Crown Dependencies will be: ‘kept informed and offered the opportunity to contribute where it is relevant and appropriate to do so’. Further in the correspondence the UK Prime Minister commented that the result of the referendum in June 2016: ‘does not change the constitutional relationship between the [UK] and the Crown Dependencies’.

As to whether this proves correct, time will tell.

What data protection legislation is currently in place on the Island?

Data protection legislation has been active on the Isle of Man since 1986 and is in place to safeguard how personal data is processed by organisations. All organisations, whether public, private or non-profit are subject to the legislation and have to adhere to its principles.

Currently, local organisations adhere to the Data Protection Act 2002. As set out by the Information Commissioner (IC), the 8 principles include:

‘Fair and lawful processing’
‘Purpose for which data are obtained and processed’
‘Adequacy and relevancy of data’
‘Accuracy of data’
‘Time for keeping data’
‘Rights of data subjects’
‘Measures against misuse and loss of data’
‘Transfer of data abroad’

More specific detail on the 8 principles can be found on the IC’s website.

All businesses store data about their customers, from demographic details (e.g. name, age, address and email) to more personal details (e.g. financial information). If you determine how data is handled at your company, it’s important to understand that you’re deemed to be a Data Controller. Under the Data Protection Act 2002, anyone involved in controlling how personal data is used must respect the rights of those involved. For example, people are within their right to make a subject access request to an organisation and ask to have copies of all the information that is held on file about them.

What is the GDPR and how might it impact your business?

The General Data Protection Regulation (GDPR) is new legislation being introduced on the Isle of Man. Some features of this regulation have been in force since May 2016 and will bring further requirements for EU-related data that is processed on the island and vice versa, information held by EU businesses that relates to island residents.

Scheduled for implementation by May 2018, local businesses will have to comply fully with the GDPR to ensure that data is processed fairly.

Some businesses will have to work on compliance and make the following areas a strict focus for improvement (where necessary):

Policies and procedures
Record keeping (e.g. evidence of compliance with the 6 new principles)
Security arrangements
Name and contact details of an appointed Data Protection Officer

Following introduction of the GDPR, in cases where organisations are found not to be compliant, there may be fines of up to €20,000,000 (for infringement of the Principles, Rights and Transfers) or €10,000,000 (for infringement of accountability or data security requirements) (see Article 83 – General conditions for imposing administrative fines).

Supervision and enforcement of the GDPR will fall under the role of the Information Commissioner and the most relevant EU Data Protection Authority.

How can Quinn Legal help?

Our advocates are always up-to-date with political changes on the island and are following the progress of Brexit and the GDPR closely. We have teams working across civil litigation and corporate and commercial who are ready to assist you.

In respect of Brexit, our civil litigation team can advise on the constitutional law implications of Brexit, including the Isle of Man’s current and potentially new relationships with the UK and EU.

In respect of the GDPR, our corporate and commercial team can help your business to:

Know and understand the data you handle
Conduct risk assessments
Check and update policies and procedures, including collection and consent, security, handling of Subject Access Requests and data destruction
Test compliance, including board buy-in and training
Appoint a Data Protection Officer (where required)
Provide training for Data Protection Officers and staff
Conduct a fixed-fee audit, including policies, procedures and data held

If you or your business would like further information on any of the areas above, or you have a different query relating to these topics, please get in touch with Steven Coren (on Brexit) or Peter Cannell (on data protection Isle of Man) by calling 665522 or emailing steven@quinnlegal.im or peter@quinnlegal.im

We also offer a free enquiry service on our website.