Is there a time limit on encroachment.

Knightowl

Chunks wrote: »

Sorry if it's obvious but are you looking at this from the point of view of your ability to maintain your own property? If you have no access, since your neighbour has done what he's done, there's an issue (say) and your buildings cover is void (say) as you didn't maintain your roof?

Exactly,
The neighbour has re-roofed and roofed short so that our roof now overhangs the extension to accomodate the chimney flue. He has taken the bricks , mortar and land but left us with the roof and no access.

Chunks

Ok, got you. In your title documents, where ownership of the land in question is clear, there would be no need to reference easements over the land now acquired by the neighbour (allowing access for the purposes of maintenance, for example). From your point of view (now) the question of rights to allow maintenance may be relevant. I think you have to get the legal side of it clarified and then speak to the neighbour. If you cannot maintain your property any visiting loss adjuster might well flag lack of maintenance as proximate cause for your loss (or whatever the term is in insurance speak) and disallow the claim.