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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Have recently built a new property and as a result the garage

Resolved Question:

Have recently built a new property and as a result the garage roof now overhangs my neighbours drive way and my neighbour is now threatening to take legal action. The wall is within my boundary and we did go through a party wall agreement which the drawings indicated the overhang, do they have a case?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. Unfortunately, the overhang does represent a trespass in legal terms. However, if the garage is built, the neighbour proved the plans and he didn't mention it when the work was ongoing, I think a judge will have little sympathy for him if he brings a case. There is certainly no way a judge would order you to demolish the garage. However, he may make an award of damages, but I expect these would be minimal (a few hundred pounds) unless the overhang materially affects the use of his drive / land.
wingrovebuyer : You might have an issue with selling the house in future though, because there is no legal right for the overhang. Accordingly, it is probably best to come to an arrangement with the neighbour whereby you get an easement for the overhang or you buy the strip of land it overhangs.
wingrovebuyer : If he refuses to cooperate, invite him to take you to court. He probably won't!
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