Can you explain exactly what’s happened here with the roof and what you are looking to achieve?
What do you mean when you say it’s on your property line? Do you really goes to the boundary over the boundary?
How long has this been in place for?
Have you tackled the neighbour about this and if so, with what result?
If the neighbour has built something which is your land the property, that is trespass and you are allowed to make the neighbour remove the trespass. If the neighbour simply ignores your protestations, you have no alternative but to threaten court action to make the neighbour remove the trespass and to make good any damage. Often, a solicitors letter will do the trick without the need for going to court.
Check your house insurance to see if you have legal expenses would pay for the cost of this and if you do have, pass it over to your insurer to deal with.
It may be that her parents did this but that doesn’t mean that she does not now have to resolve the issue.
If however this was done more than 20 years ago, the neighbour can claim an easement to keep whatever trespass is there, in place.
If you could attach a photograph with some explanatory notes, I may be able to advise you further.
Can I clarify anything else for you?
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I’m afraid that we are not able to provide letter headed paper. We can provide you with the wording of letters for you to write for which there is an extra fee but the threat coming from a local solicitor will have more weight.
If their builders damaged the roof doing whatever they were doing, then the builders are liable. However, under the Limitation Act you can only pursue them for 6 years after the damage after which time your claim is statute barred.
The situation with the damage to the roof is one thing and the trespass is another. For example if next door’s roof overhangs your roof, and has not done so for more than 20 years, after which time they could claim an easement under the Prescription Act, that is trespass and you can get that removed.
I will submit a premium service is proposal for you but before I do that, I need some photographs and a sketch to indicate exactly the nature of the trespass and the extent of it and the date this happened which was sometime in 2004.
I just need to make sure that I have all the facts right.
What I would suggest that you did send me what I asked for and that you write your own letter in completely or own words without worrying about the legalities into a legal format to send to the neighbour which makes it obvious that you have had legal advice.
If you accept my premium services proposal, you will be able to give me your email address and I will give you mine and we will exchange privately.
There was only one photograph. Your house is the pebble dashed one.
It is the kitchen roof you said which is problematical, the bottom one. I assume the top roof is okay.
If the tiles which appear to be a slightly lighter colour and which appear to overhang the boundary do overhang the boundary to the extent where it appears that it doesn’t line up with the pebble dashing and assuming that the pebble dashing is in exactly the right place, the overhang of the neighbours roof is trespassing onto your land and you can get it removed as I told you earlier.
Make sure that you put your objection in writing and keep a copy. You need to reiterate that objection every couple of years or so and it defeats the 20 years.
What you can actually do and you will only need to do it once would be to grant her a licence to have the roof remain there which could be revoked on say, 3 months notice, which would regularise the situation if you came to sell now or at any time in the future.
Such a document by a solicitor would probably cost a couple of hundred pounds plus the fee for registering it at the land Registry. The neighbour would be responsible for that cost. It’s probably going to be cheaper to actually rectify the roof. It’s just an alternative.