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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice.
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Hi There is a wall between me and a neighbour which sits on

Resolved Question:

Hi There is a wall between me and a neighbour which sits on boundary and my side and the neighbour has built on it. This was done before we moved in about 5 years, who has to maintain this wall as there is a shed at one end of the wall which I want to take down this year?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you mean that the shed forms part of the wall?

Do you want to take the shed down all the wall?

Can you please explain the construction and layout a little clearer please because it isn’t apparent what you want to do.
Customer: replied 3 years ago.

Hi the shed is opposite the neighbours shed and there is a gap of about 8" between them, which I take as the boundary. The wall in question is at one end of the shed and looks like it is joined to the wall by about half of it's thickness, while the other half of the wall sit's on what is the boundary gap.

Expert:  Remus2004 replied 3 years ago.
I'm sorry, I just cannot visualise the layout.

Is it possible for you to attach a sketch or a plan or photographs?
Customer: replied 3 years ago.

Customer: replied 3 years ago.

Hi mine is the property on the left


 

Expert:  Remus2004 replied 3 years ago.
Thank you.

Which bits exactly are yours?

What are you taking down?

What is the problem you anticipate?

How long has the neighbour's building been in place?
Customer: replied 3 years ago.

Hi the first photo is from the front of the house and shows where the wall has been. the second and third photo's are from my back widow looking out on to my lean too and the neighbour extension and both shed roofs showing the gap between the sheds. I am wanting to take down my shed this year and the lean too next year, it would be easier for me to take down the whole lot( first photo white painted brick work) but as my neighbour has built on this I want to know where I stand as neighbour is not very friendly. I don't know how long this has been like this.

Expert:  Remus2004 replied 3 years ago.
Thanks.

I just need 10 mins to type out an answer if thats OK?
Customer: replied 3 years ago.

No problem


 

Expert:  Remus2004 replied 3 years ago.
Thanks.

I cannot place the first picture in relation to the others. Because I don't know where the wall was, I don't know where it has been because you haven't mentioned a wall removed?

Your lean to has the sloping clear roof with the wooden batons on and the neighbours is lower down and is a grey colour?

There appeared to be to brick built sheds, one of which I see with a slate roof. Yours has grey coloured ridge tiles and the other has terracotta ridge tiles.

You want to take down the brick built shed with the slate roof with the grey ridge tiles and all so the lean to with the sloping roof, which is clear with wooden battens.

I am not certain what the gap is that you refer to is.

I'm also do not know what problem it will cause if you take down the brick built shed and the lean to, with the clear roof. If you can clarify that, I will be able to expand my answer further.

The situation is that if the neighbour has built on something which you now want to remove and the neighbour needs what you propose to remove to support his building, and without that support, the building would fall down, you are not able to remove the support if the existing structure that he built has been there for over 20 years.

The reason is that he has acquired an easement under the Prescription Ac which means that he is entitled to continue to rely on the support.

If you can clarify the situation and exactly what problem is that you are anticipating, I can of course expand my answer further.

Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69983
Experience: Over 5 years in practice.
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