At a glance
If a neighbour intentionally damages your property, call the police.
You may be able to claim for unintentional damage caused by your neighbours if it’s covered by your home insurance.
Check your policy terms to see what types of damage you’re covered for.
For minor damage, you may want to come to an agreement with your neighbour instead.
Can my neighbour be held liable for property damage?
That depends entirely on the circumstances. If your neighbour damages your property deliberately, they may have committed a criminal offence. In this case, you should contact the police.
But in a case of accidental damage, whether your neighbour is liable from a legal or home insurance provider’s point of view depends on the situation.
Will my home insurance cover property damage caused by neighbours?
You may well be able to make a claim on your home insurance if the type of damage is covered by your policy.
For example, if a neighbour accidentally breaks one of your windows, you may be able to claim if you have accidental damage cover.
You’ll typically be covered for claims that result from malicious damage. And you may be able to claim on your home insurance for damage caused by fire or water leaks, even if they originate in your neighbour’s home.
Check your policy wording to see exactly what you’re covered for.
Can I claim on my neighbour’s home insurance?
If you can prove that your neighbour was at fault, your provider may be able to get their costs back from your neighbour’s home insurance. But any claim on their policy could be rejected if there’s no proof that your neighbour was liable for the damage.
Before you make an insurance claim, you might want to ask your neighbour if they’ll pay for the damage up front. It could be a good option if the amount of damage is small and would cost less to repair than your home insurance excess.
What if I can’t prove that the damage was my neighbour’s fault?
Even if you can’t prove the damage was your neighbour’s fault, you can still submit a claim on your own home insurance.
Bear in mind that you’ll likely have an excess to pay and it could affect your no claims discount, so you’ll want to factor this in to make sure it’s worth it for you.
What could my neighbour do to damage my property?
We live in close quarters here in the UK and, unfortunately, there are numerous ways a neighbour could damage your home – deliberately or accidentally. Damage caused by neighbours tends to fall into one of the following categories:
Accidental damage
The damage caused by neighbours is often unintentional. If this is the case, you could be covered if you have accidental damage cover as part of your home insurance policy.
Criminal damage to property by neighbour
If your neighbour damaged your property intentionally, this is criminal damage. Criminal damage caused to property could include:
Deliberately smashed windows
Plants or trees ripped up from your garden after a dispute
Graffiti
A neighbour breaking into your home and destroying your property
Arson.
You’ll need to report the incident to the police and get a crime reference number. You’ll likely need this to claim for vandalism or malicious damage on your home insurance.
But be aware that your claim could be rejected if your insurance provider finds that you were negligent – for example, if your neighbour gained access to your house through an unlocked door.
Damage caused by fire or flood
If a fire starts at your neighbour’s property, your home could be damaged by smoke. Or if your neighbour in the flat upstairs suffers a leak, the water could enter your property and damage your home too.
Damage to your home may be covered by your neighbour’s home insurance, as long as they are found to be at fault for the fire or flood.
Otherwise, you may be able to claim on your home insurance for the damage caused by fire and or a flood that started on your neighbour’s property. Check your policy terms to be sure.
Damage to the structure of your home
If you share a party wall with your neighbour and their building work damages the structure of your home, then your neighbour or the building contractor should be responsible for setting things right.
Under the Party Wall Act of 1996, your neighbour should inform you beforehand of any work that could affect your party wall and follow a strict process.
Other structural damage could include a tree falling from your neighbour’s property onto your home during a storm. Or the roots of a neighbour’s tree damaging the foundations of your home.
Damage to empty properties
Houses left unoccupied for a long period of time are more at risk from criminal damage. And if there’s a problem in an unoccupied property – whether it’s caused by neighbours or not – there’ll be no one there to resolve it.
Check the terms of your policy to see how long you can leave your home empty before your cover becomes invalid. If you need cover for longer, speak to your provider about unoccupied house insurance.
What should I do if my neighbour has damaged my property?
Let your neighbour know – politely – as soon as you spot the first signs of damage. They may not even be aware there’s a problem. If you don’t let them know straight away, the damage could get worse and the repair bill become more expensive.
Keep evidence of the damage caused
It’s a good idea to keep a record of any property damage, including photographs where possible. This can help as evidence in an insurance claim, especially if you need to show that the problem is getting worse. It’s also helpful to keep brief records of any conversations or communication with your neighbours.
What happens if my neighbour won’t pay for the damage?
If your neighbour refuses to pay for the damage and your home insurance won’t pay out, you have the option of going to mediation.
In mediation, an impartial person will listen to both sides of the dispute and try to help you come to an agreement.
For information on finding a mediation service, see GOV.UK.
If the damage was caused by a child, the best remedy is mediation. In England and Wales, parents and guardians are not automatically responsible for the actions of their children, unless they themselves were negligent. Although you could sue for damages if the child is old enough to know what they were doing, it’s worth remembering that they probably don’t have any money.
Can I sue my neighbour for damaging my property?
Taking your neighbour to court is the last resort and is likely to be extremely expensive and stressful.
Before taking your neighbour to court, it’s worth considering the difference in price between the solicitor’s fees and repairing the damage yourself.
If it’s going to cost you substantially more to take your neighbour to court than it would to repair the damage, it makes sense to pay for the repairs out of your own pocket.
If the damage caused to your property by a neighbour is extensive, then you might want to seek legal advice . A qualified solicitor will be able to advise you whether it’s worthwhile to proceed with the case from a financial perspective.
I have legal expenses cover included in my home insurance policy. Will it cover me?
Most policies with legal expenses cover can provide cover for property disputes if there’s a reasonable chance that your claim will be successful. Check your policy documents to be sure.
My neighbour rents their property. Does this make a difference to my options?
Yes, if your neighbour is a tenant, you can make a complaint to their landlord. This could be a housing association, the council or a private landlord. They may be able to help resolve the situation.
If the damage was caused as a result of a problem with the property – for example a burst pipe that floods your home – and they have landlord insurance, this could cover the cost of any repairs.
If the tenant was responsible for the damage, they may be liable for the cost of repairs. If they’re refusing to put it right, it’s worth checking if you could be covered for a claim on your own home insurance policy.
I rent my property. Does this make any difference to my situation?
The landlord is responsible for the structure of your home. For example, if a neighbour’s leak damaged your property, they’ll need to get it fixed. Be sure to let your landlord know of the problem straight away.
Your landlord won’t be responsible for any damage to your belongings. However, if your possessions are damaged, you may be able to claim on your contents insurance.
How do I prevent future property disputes with my neighbour?
If you see any potential for future property damage through something that’s your neighbour’s responsibility, it’s a good idea to notify your neighbour quickly. This could be anything from a crumbling wall, a leaking roof or a plant that looks suspiciously like Japanese knotweed in their garden – it’s a good idea to notify your neighbour quickly.
It’s best to do this in writing, so that you have evidence of contacting them about the issue before any damage occurs. If your neighbour chooses not to act and your home is negatively affected as a result, you can include your written notification when you submit your insurance claim.
To avoid any future disputes with your neighbours, consider how you could inadvertently damage their property too. For example:
Your garden – do you have any trees that are in danger of falling on your neighbour’s property?
Fencing – is the fence between your properties in need of repair? You could speak to your neighbour about splitting the cost.
Shared driveways – make sure you don’t block your neighbour’s drive and have a conversation about how you’ll share the maintenance.
Pets – not everyone loves your pup as much as you, and if it’s getting into the neighbour’s garden and digging up plants, then it could be time for some training.
When it comes to resolving issues with your neighbours, polite but open communication is key. If you can forge a good relationship, your neighbours could be the ones watching over your house and protecting it from damage in the future.
FAQs
What should I do if my neighbour damages my fence?
To know what to do, you’ll first need to clarify which of you owns the fence. To do this you can check the property deeds.
If you own the boundary or it’s a shared boundary, and your neighbour has caused the damage, you can ask them to fix it or pay for the cost of repairs. If they refuse to do so, you can try mediation.
If, according to the deeds, the property boundary is the responsibility of your neighbour then it’s normally up to them to decide if they want to fix the damage – that is unless the damaged fence is unsafe or has damaged property.
Disputes over fences are fairly common as it’s not always clear-cut who’s responsible for maintaining a shared fence.
What can I do if my neighbour’s building work damages my property?
When carrying out building work, your neighbour must protect your property from damage caused by the work, and fix or pay for any damage caused.
Speak to your neighbour as soon as possible about any damage to your home.
The cost of repairs may be covered by either your neighbour’s or the builder’s insurance.
Speak to your home insurance provider too to notify them of the damage and see if they can help. And remember to keep copies of any communication in case you need to escalate the problem.
If your neighbour refuses to play ball, there are various people you can contact, including a mediator, your local authority, your MP and a solicitor. If your neighbour is breaking the law, you can also inform the police.
My neighbour’s tree roots are damaging my property. What can I do?
It’s best to speak to your neighbour as soon as you notice there’s a risk of damage from encroaching tree roots to get ahead of any serious structural issues.
You can ask them to take action to prevent any damage to your home. You can also speak to your home insurance to see what cover you have for damage caused by trees.
If the roots from a neighbour’s tree start to ‘trespass’ onto your property, you can legally trim the roots, but only up to the property boundary. Your neighbour could take you to court if you do more than this. And you may need permission from your council first, so always check.
Can I enter someone’s home to turn off their water?
You should never break into someone else’s home to turn off their water, even if it’s causing a problem for you. But if your home is flooding because of a leak in your neighbour’s property, you can ask the police to help you.
In England and Wales, the police can enter the home on the grounds of ‘preventing serious damage to property’.
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As well as writing for Churchill and Privilege insurance websites, Karen’s CV includes working with M&S, Debenhams, Tesco, Sainsbury’s and John Lewis. With over 20 years of editorial experience for big household names she leads a talented content team with a focus on simplifying personal finance for everybody.
Stephen Maunder is an experienced personal finance editor, having spent more than a decade working for consumer print and online titles. He won several industry awards for his personal finance features at Which?, before becoming Deputy Editor at Compare the Market.
Amy helps make sure you get the best value when choosing insurance. Thanks to more than four years’ experience at Compare the Market, she understands what people look for, working closely with insurance providers to offer you deals and services that are fair, easy to understand and right for your needs.
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What our expert says...
“For minor damage, it’s often best to speak to your neighbours and try to come to an agreement before you try to claim on your insurance policy. That’s especially true if the cost of repairs would barely exceed your excess amount. Making a claim can also mean paying a higher premium when it comes time to renew.
“However, if the damage is extensive – say, if a tree falls from your neighbour’s garden onto your conservatory – then you’ll probably want to make a claim to cover the repairs.”