When you say it is 7/8 cm beyond the measurement shown on the plans, does that mean that it goes over the boundary?
If it does, what problems does this cause for the neighbour?
How far progressed is the building and why wasn’t this raised by the neighbour when the first layer of bricks went down?
Thank you. So there is no trespass because it hasn’t encroached upon the neighbour’s land and it is only 7-8 cm, about 3 inches beyond where it should have been. Is the measurement really that small that she is complaining over?
If that’s the case, I can’t really see that the neighbour would have a case either to get the work stopped or demolished or varied. Firstly, because of the very small discrepancy and secondly, because it appears that she has stood by and watched this go on rather than saying something at an earlier stage when it would have been easier to rectify.
Based upon such a small discrepancy and with no trespass and no adverse effect on the neighbour, I think your neighbour would be ill-advised to proceed any further with this and certainly not to go to court.
Can I clarify anything for you?
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We can still exchange emails. Best wishes.
What was the substance and the need for the agreement in the first place? Were you attaching to any party structure?
Although she may not like the extra 3 inches, what difference does it make to her or is she just being difficult?
In my opinion, if this is 3 inches too long, she needs to get a life! If she were to take it to court, as I said before, bearing in mind there is no trespass, I think she is likely to be castigated by the judge and potentially have costs awarded against her.
The correct way of doing it is to simply issue another agreement with the correct dimension on but I can’t see in all honesty that would make a slight bit of difference.
She is certainly not going to get it knocked down and rebuilt if it is wholly on your land and it’s not caused a problem for her.