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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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My Neighbour opperates a shipping business from his home. There

Resolved Question:

My Neighbour opperates a shipping business from his home. There is large crate outside his property, on what would be his front garden, right upclose to his front door. In order for him to gain access to his home has to walk on our drive to get in and out of his property. We cannot build a partition wall as the scoop at the bottom of the crate sticks out a few inches on any partition area, and if we did build some kind of wall or fence he would then not be able to get in and out his house. The crate has been there for 7 years and over time the outside cover has become worn and tatty. Its an eyesore, but he refuses to do anything. I want to sell my property in a few years, but this will stop people buying or reduce the value of my flat. Please can you tell me who is the best person to advise me on this matter?
Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello I am a solicitor wit over 15 years experience. I will try to help you with this.

LondonlawyerJ :

OK your neighbour appears to be trespassing on your land. He does this because he has blocked up his driveway with a shipping crate as part of his business. If you are both leaseholders from the same freeholder you may well have the same terms in your leases. Is there a restrictive covenant or term in the lesse preventing people running businesses from the address.

Customer:

Yeah he has blocked his own drive way. he runs a leagal business from him home as the shop is downstairs his flat is up. I live above the shop next door where there are 3 flats. We do not share the same freeholder.

LondonlawyerJ :

Is it practical to erect a fence on your land to block him off or is the overhang so big it precludes this. This might be practical way of forcing him to do something about his container.

LondonlawyerJ :

He is trespassing on your land but there probably isn't much of a claim you can bring as you are not suffering a great deal of harm as a result of his trespass.

LondonlawyerJ :

I will be away from this site for 30 minutes or so now but will look again when I get back.

Customer:

we could put up a thin wall of about 3 feet high, or a woodern fence. but if we do that then he wont be able to get in. Also do we need planning permission to build a wall? The freeholder who owns one of the flats & the shop my flat is directly above, is on side with me as its making the area look so bad.

LondonlawyerJ :

Isn't the purpose of it to stop him being able to get in and hoping he removes his container as a result. You wouldn't normally need planning permission for this.

Customer:

Yes, I see, but just dont want him to take me to court for doing it. Do we have to give him notice of our building? Thats goo re the planning permission

LondonlawyerJ :

You don't need to give him notice, although it would be polite, it is your land you can do what you want on it within reason. I take it you aren't in a listed building or in a conservation area.

Customer:

No, no listed building or conservation area. Although I would like a wall, I think a fence would have to be erected as the crate, which is as long as his section of the building, would have to be lifted. Building anything would be tight. What happens if he knocked the wall/fence down it will be built on the boundary. Does he not have a say or is the right hand (when I stand on my doorstep looking into the street) just mine?

Customer:

No not in Coservation or Listed building. As the wall is on the boundery (my right hand side as i stand on my doorstep looking out into the street) can he knock it down, or is that my are?

Customer:

sorry for the double click

LondonlawyerJ :

As long as you are clear what is yours and what is his land then you can build a fence on your land abutting but not crossing onto his land. If he takes it down he has committed the offence of criminal damage. It would probably be sensible to tell him in advance you will be doing this to give him a chance to make arrangements.

Customer:

Many thanks :)

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