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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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my land is freehold. My next door neighbours footings and two

Resolved Question:

my land is freehold. My next door neighbours footings and two drainage grids of their extension are on my drive which is my land. Am I within my rights legally to charge them rent
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. Did you give permission for these to be on your land?
Customer:

no already there when I moved in

wingrovebuyer : Thanks. Do you know for how long they have been there?
Customer:

no. I only wanted to know because a friend of mine had said.

wingrovebuyer : It they've been there for more than 12 years, it is likely that the neighbour could argue he has acquired ownership of the relevant land by adverse possession. Certainly for the footings of a building. For the drains / grilles it is perhaps more arguable that he would need an easement for them, so if they've been there for 20 years or more, then he has arguably obtained a legal right to have them there, meaning you couldn't charge a rent. Much will depend on whether or not the previous owner of your house gave permission - maybe they did, if so you might be able to revoke it. If they haven't been there that long, and no permission was given, then you could threaten to go to court to sue for trespass. However, no court would make the neighbour demolish the building or remove the grilles. They may award you damages, but the sum would depend on what commercially you would have agreed to accept had they asked your permission before building. As you can see - this is. It straightforward and depends heavily on the facts.
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