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Neighour's extension on my land

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  • pinkshoes
    pinkshoes Posts: 20,564 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It seems to be ridiculously easy to steal some of your neighbours land - once something is built, unless your deed diagrams happen to represent your fences very accurately, and you're prepared to spend thousands going to court and even then risk losing, there is not much you can do about it.

    So what would now happen if you put in a planning application for a small building on YOUR land (as marked by the boundary line on the deeds which the council themselves drew up in 1980!) which would then just happen to overlap the piece of land that he has now stolen? Would you be allowed to take a sledge hammer to his overlaping wall so that your extension could be built?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • ginvzt
    ginvzt Posts: 4,878 Forumite
    1,000 Posts Combo Breaker
    pinkshoes wrote: »
    So what would now happen if you put in a planning application for a small building on YOUR land (as marked by the boundary line on the deeds which the council themselves drew up in 1980!) which would then just happen to overlap the piece of land that he has now stolen? Would you be allowed to take a sledge hammer to his overlaping wall so that your extension could be built?

    I like your thinking...:rotfl:
    Spring into Spring 2015 - 0.7/12lb
  • shays_mum
    shays_mum Posts: 1,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would really appreciate some advice!
    Quick senario:
    Neighbuor builds extension, one of those ones where you can legally do it without council plans.
    Neighbor asks if party fence can be taken down for extension wall - so they can dig foundations without damaging fence. Wall so high no light coming in at all :(
    Neighbour builds wall right upto & over property line quite a few inches - as well as right upto main drainage house on my.
    Neighbour builds guttering which is basically a down pipe going into my main water downpipes on the back of my house. Water splashing everywhere down my walls everytime it rains :(
    Neighbour never replaces fence - well is pebble dashed & things are falling of it onto my land.
    I know once things are built the party wall agreement don't come into play?? - is this true?, where do i stand legally?. Same thing happened to the other neighbours down the road & they were forced to re-build properly. Can i do this as well? So confused sorry for the ramble, am not well at the mo.
    Sorry for being so long, but really would appreciate some input many thanks in advance :)
    No one said it was gonna be easy!
  • Haha, I think going through with this would more trouble than it's actually worth, I would not waste your time, and Councils aren't that stupid those days, threaten them all you want, people are starting to take action on that too.
  • shays_mum wrote: »
    I would really appreciate some advice!
    Quick senario:
    Neighbuor builds extension, one of those ones where you can legally do it without council plans.
    Neighbor asks if party fence can be taken down for extension wall - so they can dig foundations without damaging fence. Wall so high no light coming in at all :(
    Neighbour builds wall right upto & over property line quite a few inches - as well as right upto main drainage house on my.
    Neighbour builds guttering which is basically a down pipe going into my main water downpipes on the back of my house. Water splashing everywhere down my walls everytime it rains :(
    Neighbour never replaces fence - well is pebble dashed & things are falling of it onto my land.
    I know once things are built the party wall agreement don't come into play?? - is this true?, where do i stand legally?. Same thing happened to the other neighbours down the road & they were forced to re-build properly. Can i do this as well? So confused sorry for the ramble, am not well at the mo.
    Sorry for being so long, but really would appreciate some input many thanks in advance :)

    Horrendous. If it was me I'm afraid I'd be locked up for Criminal damage to his property. Good luck!
  • ginvzt wrote: »
    I like your thinking...:rotfl:


    I wonder how many times you'd have to 'water' his wall with a hosepipe before it got damp on the inside?
  • Doozergirl
    Doozergirl Posts: 34,076 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you got legal cover with your home insurance? Time to use it I think.

    Lots of people who know what they are talking about on the forum here:
    http://www.gardenlaw.co.uk/
    Moreso than this forum for this sort of thing.
    Everything that is supposed to be in heaven is already here on earth.
  • shays_mum
    shays_mum Posts: 1,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    billydino wrote: »
    I wonder how many times you'd have to 'water' his wall with a hosepipe before it got damp on the inside?

    I like YOUR thinking :rotfl:

    I can see the water already going up their wall with the normal rainfall, so only a matter of time before the damp sets in!!
    No one said it was gonna be easy!
  • shays_mum
    shays_mum Posts: 1,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Doozergirl wrote: »
    Have you got legal cover with your home insurance? Time to use it I think.

    Lots of people who know what they are talking about on the forum here:
    http://www.gardenlaw.co.uk/
    Moreso than this forum for this sort of thing.

    Completely forgotten about legal cover, had it for years & never used it :) thanks!!
    No one said it was gonna be easy!
  • shays_mum
    shays_mum Posts: 1,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Also, i am legally allowed to block off my down pipes?, which takes water from this neighbour & 3 other houses!!.
    No one said it was gonna be easy!
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