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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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OUR NEIGHBOURS HAVE PUT A BIG PARASOL UP IN THEIR GARDEN AND

Customer Question

OUR NEIGHBOURS HAVE PUT A BIG PARASOL UP IN THEIR GARDEN AND IT IS OVER THE TOP OF OUR TRELLIS INTO OUR GARDEN. IS THIS ENCROCHMENT OR TRESPASS
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
HI there is the parasol a permanent feature?
Customer: replied 2 years ago.

NO, THEY HAVE IT UP WHEN THE SUN IS SHINING

Expert:  Matt Jones replied 2 years ago.
Hi thanks for the reply.The overhang of the parasol is technically a temporary encroachment onto your boundaries and you are entitled to ask the neighbour to move it when they erect it when the sun if shining. There may be rights of overhang contained in your mutual deeds but these are unlikely to be for things like parosols but it would be worth checking your deeds