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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9582
Experience:  I have been practising for 30 years.
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After my neighbour submitted a planning application for a

Customer Question

After my neighbour submitted a planning application for a hugh extension without informing me beforehand, I went to see him and he promised to modify the design in 3 areas to mitigate the substantial impact on my house and garden. I made my own notes at the time but didn't get his promises in writing. He repeated them in subsequent conversations. He has recently told me that he will not make one important change and is 'thinking about' the other two. We have exchanged texts over the last few weeks and I think one of the texts commits him to at least one of the remaining two promises. Is there anything I can do to legally oblige him to fulfill some or all of the promises I believe he made please?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

There is a legal doctrine of Promissory Estoppell where you can enforce a promise if you changed your position in the light of the promise, relying on the promise to your detriment.

If you didn’t rely on the promise to your detriment, then you cannot enforce the promise.

If example you were going to build a huge shed or suchlike and you said that you would not build a huge shed provided he promised to change his extension plans, so you didn’t build a shed, you could enforce the promise.

Other than that, you are faced with objecting to the application on the grounds of the impact on your property.

The neighbour is not under any duty to discuss it with you directly.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

I can still clarify things for you.

Best wishes.

FES.

F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks. Does the fact that he put something in a text which says he has agreed to do something, not make any difference?
Customer: replied 1 year ago.
Hello again. Can you confirm that you will respond to my follow up please?
Expert:  F E Smith replied 1 year ago.

I’m sorry. I was with a client.

For there to be an agreement to do something, there has to be an offer and acceptance and consideration and it’s unlikely that the text would satisfy the criteria.

It would be proof of the promise