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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is it legal for a neighbour to demolish a 3 metre high retaining

Resolved Question:

Is it legal for a neighbour to demolish a 3 metre high retaining wall when there is already a boundry dispute ongoing
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I confirm if the neighbours have gone ahead and demolished the wall in question please or are they threatening to?

Customer:

The wall has been demolished

Joshua :

Thanks. Can you briefly describe the nature of the dispute?

Customer:

My daughter & soninlaw moved to this property 18 years ago

Customer:

sorry

Joshua :

No problem. I don't need to much detail at this point...

Customer:

sorry about that they moved there 18years ago the wall in question had already been built by the previous owner some 30 years earlier at that time the lady next door was more than happy with the wall ( there is a witness who will testiyfy to that) a little while ago the lady in question died she has three nephew,s and they say the wall was built their land

Joshua :

Thanks. To be clear the wall had been built by a previous owner of your daughter's property as opposed to the neighbours property?

Joshua :

Whose land is/was the wall retaining?

Joshua :

Has it been determined whether the wall was built on the neighbours land by a court? Have proceedings been issued? If so was it being heard by the county court or a property tribunal?

Customer:

My daughter and husband have had meetings with a judge I do not know any real outcome of those meetings My daughter and her husband firmly beileave the wall is on their land

Joshua :

Thanks. Would you excuse me for 5-10 mins. Some clients have just turned up early and I just need to pop out to see them. May I return to you in hopefully less than 10 mins?

Joshua :

My sincere apologies - I am back

Joshua :

May I continue?

Customer:

yes

Joshua :

Thanks. Without knowing a little more detail about the dispute in terms of which forum it is being determined and what if anything has been determined to date it is difficult for me to comment on the dispute itself. However in the assumption that the location of the boundary is being determined in order to ascertain whether the wall was built on their or your daughters land, and that at the same time ownership of the wall is also being determined and determination has not yet been made, the neighbours actions may amount to criminal damage and trespass occasioning harm for which they are liable for damages.

Joshua :

If matters are still ongoing their actions may be very prejudicial to their position in court or a first tier property tribunal and may result in determination being given against them.

Joshua :

In terms of where this leaves your daughter. If there are ongoing proceedings they may wish to submit a further statement as to recent events and request damages for the rebuilding of the wall, damages for statutory nuisance and potentially an injunction to restrain further adverse behaviour.

Joshua :

If there are no open proceedings, your daughter may wish to make an application to the county court for an order for damages, and a determination of boundary.

Joshua :

She can so so using form N244.

Joshua :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Joshua :

Is there anything above I can clarify for you?

Customer:

not at this moment I would like thank you most sincerely XXXXX XXXXX help in this matter

Joshua :

A pleasure.

Joshua and other Property Law Specialists are ready to help you