Neighbour building on wall

Katie-Jo_3

We have a large wall along the back of our property (walled garden) and according to our title deeds we 100% own it; it’s not a shared or party wall. 

It’s pretty tall and block a lot of light to our garden already, as do the south neighbours trees which are HUGE conifers ☹️

He has recently started a construction project, using our wall as part of the structure and is raising the height significantly just with the walls, which he is presumably going to add a roof to as well at some point. 

I asked him to stop building whilst we discussed planning/surveys etc… and he became incredibly hostile and insisted that he owned the wall, but it’s not on his title deeds because it is “too old”.

It is on my title deeds though, and marked that we own it. 

I sent him a template letter asking him to consider sharing what he is planning to build wi the us so we could discuss it, but he says we won’t get anything from him unless a court orders it and I’ll have to sue him. 

I really don’t want to sue him, or anyone else, because we don’t have much cash, but a) I’m worried about damage to the wall and me ending up liable for shoddy building work and b) I don’t really want him overlooking and devaluing our property. 

For reference, he’s already broken up much of his large property and built six new tiny apartments in what was his front yard, and I suspect he’s about to do the same with the back yard. 

Is there anything I can do now that he’s already started building? 🥺

WIAWSNB

Please, please, please, tell us you have Legal Protection included in your home insurance?

You DO!

Great - call them up. They'll sort it for you.

Enjoy watching this unpleasant person having to dismantle everything he's affixed to your wall, and making good any damage.

Meanwhile, record every conversation you have with him, espec when you make it clear he should STOP. Literally take out your phone, set it to record, hold it up to cover you both, and state very clearly what he must do. 

TimeLord1

Document the wall's current state before his construction, the work he's currently doing, and any materials being used. Continue to take photos and videos regularly to track progress. Photos and videos. 

If anyone else has witnessed his actions or your interactions, note their contact details.

It's probably best to confirm you own the wall legally and contact a Solicitor to draft up a strong letter to cease work. And mention concerns of damage and devaluation of your property. 

Contact the police if they become aggressive or harassing.

Albermarle

I sent him a template letter asking him to consider sharing what he is planning to build wi the us so we could discuss it, but he says we won’t get anything from him unless a court orders it and I’ll have to sue him. 

If you do not have legal protection with your home insurance, often a good course of action is to go to a solicitor and get them to send a letter to him. This will be a lot cheaper than sueing him later and can be very effective.
The letter will have some legalese but probably also some veiled threats of future legal action.
It might make noises about planning permission etc. and that he could have  to demolish any structures already built that are  impinging on your wall etc .
Or something along those lines.

TELLIT01

You really do need formal legal advice, and quickly.  If you are correct, I think the solicitor can issue what I believe is called a 'Cease and desist' letter.  That basically tells them to stop immediately.

FreeBear

Katie-Jo_3 said: For reference, he’s already broken up much of his large property and built six new tiny apartments in what was his front yard, and I suspect he’s about to do the same with the back yard. 

Is there anything I can do now that he’s already started building? 🥺

Was there planning permission & building control oversight of these tiny "apartments" ?

If there wasn't, it is probably too late for the council to issue enforcement notices.

As for the latest construction project, contact your local council and discuss your concerns. For anything more than a shed (subject to size), building regulations will apply, and if he has the same attitude towards legislation & authority, the council could make things difficult for him.

kazwookie

May be contct the local council planning department, and see if he needs planning for this building, mybe get them out to your garden to have a look.

TELLIT01

I think some are missing the main point raised by the OP.  The person owning the property behind theirs is using the OPs boundary wall as the basis for whatever is being built.  The OP believes that wall to be entirely on their property, therefore it should not be touched.

twopenny

Surely there would be planning needed for the original flats being converted and neighbouring properties have to be informed.
If it's building from scratch then definitely so.

I've worked in planning and since raised objections to a few and that's always been the case. Has that changed?

While enforcement is not the best funded something this obvious would be at least attended pretty quickly.
Just seems to be the quickest way to go, at least to investigate.

FreeBear

TELLIT01 said:

I think some are missing the main point raised by the OP.  The person owning the property behind theirs is using the OPs boundary wall as the basis for whatever is being built.  The OP believes that wall to be entirely on their property, therefore it should not be touched.

No, ownership had not gone unnoticed. However, the neighbour is refusing to engage except via the courts, and @Katie-Jo_3 has said funds are limited. Legal disputes involving boundaries and property can get very expensive (£30K or more, lots more).

WIAWSNB

Hopefully Katie-Jo will come back with more info, but if she is 100% certain that this wall is hers, then she can remove anything that the neighbour has placed on it, in addition to tackling this via Planning or her solicitor. Ideally making sure the neighb isn't under the items at the time.

Obvs get your discrete CCTV camera running first, to capture the neighbour's reaction - more than likely enough to justify calling the police.