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[Misc] Building Question



essbee1

Well-known member
Jun 25, 2014
4,068
Just a thorny building question that someone may have had experience of.

If a neighbour of mine built a wall and part of it is, by mistake, or deliberately
in our property and provably so, do we have the right to remove that part of the wall without consulting
the neighbour so that it is no longer infringing on our property? We're talking about a foot or so
of brick/cement which can be removed quite simply without damaging the rest of the wall.

We have asked the neighbour to do it repeatedly, but they have not and that was a year ago.

Thanks in advance. :amex:
 

Is it PotG?

Thrifty non-licker
Feb 20, 2017
22,955
Sussex by the Sea
Wall.jpg
 

METALMICKY

Well-known member
Jan 30, 2004
5,908
Just a thorny building question that someone may have had experience of.

If a neighbour of mine built a wall and part of it is, by mistake, or deliberately
in our property and provably so, do we have the right to remove that part of the wall without consulting
the neighbour so that it is no longer infringing on our property? We're talking about a foot or so
of brick/cement which can be removed quite simply without damaging the rest of the wall.

We have asked the neighbour to do it repeatedly, but they have not and that was a year ago.

Thanks in advance. :amex:
Logical question I guess. Why are you so keen to remove the portion of the wall? Is it an eye sore not in keeping with your style of property or causing another issue? We all have to live with our neighbours so even if the matter of principle has been ignored in that they didn't seek permission, why cause bad blood? Sincere apologies if I'm wrong but the tone of your explanation suggests you might have a beef with when neighbour generally?
 


essbee1

Well-known member
Jun 25, 2014
4,068
Thanks all,

MM: there is a bit of niggle with the neighbour. Not of my making, but there is a boundary issue as well and getting that back to
how it was originally.
 

Tim Over Whelmed

Well-known member
NSC Licker Extraordinaire
Jul 24, 2007
10,160
Arundel
If you've exhausted dialogue and neighbourliness then don't do anything until you speak with a Solicitor or the Planning dept at the Council.
 

redoubtable seagull

Well-known member
Oct 27, 2004
2,512
No expert but I assume the neighbour did not seek permission to carry out the work and there have been no assumptions made by the neighbour with previous owners. He should have sought your approval if the wall is a party wall.
Have you checked your deeds?
Certainly don’t take the law into your own hands but as others have said, if the dispute can’t be resolved amicably then you’ll need to appoint a property solicitor, which will be a drag and start to be expensive.
Have you put your complaint of encroachment to your neighbour in writing?
Another option could be to jointly appoint a surveyor to mediate.
Another option could be to ask the neighbour to buy the pocket of land off you, if you were willing to sell.
 


studio150

Well-known member
Jul 30, 2011
29,524
On the Border
Just a thorny building question that someone may have had experience of.

If a neighbour of mine built a wall and part of it is, by mistake, or deliberately
in our property and provably so, do we have the right to remove that part of the wall without consulting
the neighbour so that it is no longer infringing on our property? We're talking about a foot or so
of brick/cement which can be removed quite simply without damaging the rest of the wall.

We have asked the neighbour to do it repeatedly, but they have not and that was a year ago.

Thanks in advance. :amex:

I expect you have already googled, but this looks comprehensive on the options

https://www.morlings.com/site/blog/litigation-blogs/my-neighbour-has-taken-part-of-my-garden-what-can-i-do
 

B-right-on

Living the dream
Apr 23, 2015
6,154
Shoreham Beaaaach
If talking to them hasn't worked and you don't mind upsetting them you have 2 choices apart from just leaving it:

1) Go down a very expensive legal route to get rid

2) On the basis it's your own personal property, get rid of it yourself and give them back their bricks.

Personally I'd do 2. Their only recourse would be to go down an expensive legal route. With photos and evidence of requests for the wall to be removed, they aren't going to have a leg to stand on.

After all it is your property at the end of the day.

Cue the 'you can't do that' posts, but that's what I would do. I have definitely not physically ejected squatters from an empty flat I was waiting to get renovated a couple of years ago and not got any come back.
 


essbee1

Well-known member
Jun 25, 2014
4,068
Thanks to you all. As usual - NSC: a place with so much useful and worthwhile experience.
 

Baldseagull

Well-known member
Jan 26, 2012
10,859
Crawley
Maybe give him a deadline to sort it before you do, you never know, he might have someone arranged to come and sort it.
 


ofco8

Well-known member
May 18, 2007
2,386
Brighton
Thanks to you all. As usual - NSC: a place with so much useful and worthwhile experience.

Be very careful, I had a similar issue.

My property is detached but my neighbour filled a gap on his land to form a garage, using the boundary wall I own as his garage wall. It made my property now semi detached, sort of.

I consulted an estate agent for before and after property values, which was negligible, in fact nil.

I consulted a solicitor to establish my boundary and ownership etc. and I got a substantial pay out from the neighbour to compensate me. Ensure your deeds definitely say where the boundary is and ownership as the neighbour may think and declare the boundary is his.

Good luck.
 

colinz

Banned
Oct 17, 2010
862
Auckland
I can remember at my parents house the neighbour at the back of us, built his fence up to the back of our garage, unknowingly taking land from the back of the garage that belonged to our property.

The Old Man let it go until he (the neighbour) complained about my brother & I being in the street, kicking a ball against the garage wall on the street side.
 
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