Balcony on top of my bay window

TheCyclingProgrammer

I'm not a legal expert but from what I can see you have a few choices:

a) Ignore it
b) Take legal action - might be costly and not necessarily come out in your favour
c) Do something like get rid of your porch, which would get rid of part of the balcony at the same time (you could offer to install new railings up to your property boundary if you're feeling generous), despite their objections. This shifts the burden and costs of taking legal action on to them (which they might not bother doing) although this is obviously a riskier approach. Also be wary of risks of being accused of criminal damage.

You should at least be able to try and get some basic legal advice. Talk to the CAB? What about the solicitors who handled your conveyancing?

TheCyclingProgrammer

Also, I fail to see how they can claim the entire balcony is theirs, given the floor of the balcony is comprised of half their porch and half yours. They may have claim over the railings that are encroaching onto your property but I can't see how they could claim the roof of your porch as theirs.

flea72

Then show them the proof you have that the flying freehold doesnt extend that far, or does it?

labellemo

I am going to see my solicitor next week but at the moment I am pleased to get any views or ideas so that I can put my case to him.

carefullycautious

I would have understood this if it was a first floor flat and they wanted somewhere to sunbathe, but it is a house with a garden so why would they want to sit out on what is not even designed to sit out on?

Nowt stranger than folk.

I would get advice and see if you can remove it from your property.

flea72

So where exactly does your internal wall run upstairs? As the roofline suggests that its inline with the wall of your bay, not up to their doorway?

flea72

carefullycautious wrote: »

I would have understood this if it was a first floor flat and they wanted somewhere to sunbathe, but it is a house with a garden so why would they want to sit out on what is not even designed to sit out on?

Nowt stranger than folk.

I would get advice and see if you can remove it from your property.

Prob because the garden is overlooked, so they thought by being up in the air they wouldnt be so noticeable. They seem to have forgot the peeping tom at the end of the garden has a zoom lens

labellemo

fle72 The internal party wall is around half way between the door and my bay, the roof and guttering has been recently worked on and the new guttering extends to my bay ie around 2ft onto what I consider my property.

justcat

Bit late to the party but here is another pic from the OP:

labellemo

Thanks justcat, this was just to show what I am trying to do for the house. This is the front and the grotesque ground floor extension will soon be gone to reveal a window to match the others in this elevation. I hope you can see that I want to return this house to its former glory and having someone spoiling it by some sort of land grab irked me a bit.