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Balcony on top of my bay window
Comments
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Do they actually use the balcony? Or is it mainly decorative? What's to stop you putting a mini fence up to demarcate your bit? What's to stop you using it to look in their windows and demonstrating how annoying it is?0
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Doesnt sound like its their balcony if its on your bay window. Can you not put a fence on the boundary.0
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The house is 160 years old and has been split into several sections, there is a flying freehold issue but that is within the building and does not cover the balcony. If I could get a picture on it would be better. If you can imagine a house with two bay windows going up to roof height and then a lead flat roof at first floor level spanning the bays this has been made into a balcony. At ground floor level half of it covers my garden door and is clearly mine. At first floor level the property next door has taken over all of the flat roof including the half over my door. The exit that they have created if from a room which has a flying freehold over part of my ground floor but not going as far as my bedroom window. What I have asked them to do is create a screen going from the party wall out to the balcony hand rail this would then be some two foot away from my wall and even further away from the window as it angles away to make the bay. Aphoto would help but I just cant get it to work.0
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Use http://tinypic.com/ then post the link with a break in it so someone can load your photo onto here
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The house is 160 years old and has been split into several sections, there is a flying freehold issue but that is within the building and does not cover the balcony.
Exactly what belongs to whom and who has access to where will come down to what is in the deeds, then, no-one here can guess simply by looking at a photograph.
And it is possible the deeds are silent on the matter and your neighbours will claim access by custom and practice.A kind word lasts a minute, a skelped erse is sair for a day.0 -
OK, so this was essentially an inaccessible roof, and they have built an access and converted the roof into a balcony that only they can access. Did I get that right?
The fact that there is also a flying freehold that is apparently legitimate is very confusing!
Do you have any idea how long they have been 'occupying' the balcony?
And you are sure this is just freehold vs freehold and no leasehold/freehold is involved?
I would have said that, excluding issues of adverse possession where they might have gained rights through long-term use, the half of the balcony that is attached to your property is probably yours. And reclaiming might need nothing more than building a divider to prevent access.
You may well also have a claim against the vendor depending on what they did or did not disclose.0 -
OK, so this was essentially an inaccessible roof, and they have built an access and converted the roof into a balcony that only they can access. Did I get that right?
Yes that is correct
Do you have any idea how long they have been 'occupying' the balcony?
They have only just bought the property but it has been used as a balcony in excess of 15 years
And you are sure this is just freehold vs freehold and no leasehold/freehold is involved?
Both properties are defiantly freehold.
I would have said that, excluding issues of adverse possession where they might have gained rights through long-term use, the half of the balcony that is attached to your property is probably yours. And reclaiming might need nothing more than building a divider to prevent access.
It is the prospect of Adverse Possession that bothers me, the previous owner of my house let the situation develop and did not object to it but does this stop the possibility of Adverse Possession as nothing was in writing.0 -
Hey all, I got labellemo to send me the picture:
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That is a strange construction...
Alas if it has been there long enough, I'm not sure what you can do. I also wonder about whether you can claim against the vendor, because to be honest it's not really hidden.0 -
ignoring how long its been up for they are using your porch roof0
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