Balcony on top of my bay window

labellemo

The house was built in 1853 as one dwelling there was no porch between the two bays then. Later on the house was split into two dwellings it was then that a flat roof porch was constructed between the bays. As the original room at first floor level between the bays extends slightly either side of the center line a flying freehold exists for that room. 20 years ago there was no doorway onto the porch roof over time first a decking was put down then a doorway was created then a balcony rail installed. No objection was raised at any time. My question is who owns what regarding space and roof structure, can adverse possession apply when no oppression was made to any of the work as it was with the then owners consent.

silvercar

Stick a fence up between the two and explain to your neighbours that you are thinking of removing/ replacing your porch and this is to protect them from falling into the void while you do the work. They can't object to that.

Then just delay and delay when you will attend to the porch.

rpc

My question is who owns what regarding space and roof structure, can adverse possession apply when no oppression was made to any of the work as it was with the then owners consent.

You cannot gain adverse possession of something that you are using with permission.

Perhaps you own "your bit" of balcony but neighbour uses it with permission? Neighbour gets so used to it that they now feel they own it.

Whatever happens, I would ensure that your porch comes down as part of the renovation. You could then put it back up, but perhaps not with a flat roof or with a roof that somehow makes it not suitable for a balcony.

I do like the idea about building a new balcony out from the dormer...

C_Mababejive

Have your bay window that looks out onto the balcony chopped and install a juliet balcony or better still,some french windows..

[Deleted User]

Beautiful house, shame about the neighbours! Please let us know what your solicitor says. Good luck.

Soot2006

I still think a big dog and an open window would quickly solve things. A massive FRIENDLY dog, of course. One that loves to go see what the neighbours are doing and "help" ...

Annie1960

labellemo wrote: »

My question is who owns what regarding space and roof structure, can adverse possession apply when no oppression was made to any of the work as it was with the then owners consent.

You need to find out exactly what your deeds say by checking this out with the solicitor you used. Nobody on this forum will have that information, although it is interesting to speculate.

borkid

The one thing I've noticed gets rid of children is classical music played with the window open. If you feel like educating them then a little Stockhousen or the like when they use the balcony or if you're feeling a little nasty take up the violin ( mainly because it's cheaper than a lot of instruments to buy ) and practise, with the window open of course, when they are on the balcony.
Of course this might only stop them using the balcony rather than solve the problem but it might make them realise neighbours have to have a little give and take.