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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice.
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My neighbour has built on top of the party wall, without my

Customer Question

My neighbour has built on top of the party wall, without my permission and I am pretty sure this contravenes the Party Wall Act. What can I do about it?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What has she used to do this?
How high is it?
How long ago?
Customer: replied 2 years ago.

Hi Jo,

Thanks for helping - it's well over 6 feet now (I think it's about 2m, but not sure if it is over or under - as the ground slops, so it's taller on my side than on her's) The existing wall was only about 4 feet tall, but she's built on top of it using breeze blocks.

Not sure exactly how long ago - I think about 6 months.

I was really upset about it, because my granddad built the existing wall about 30 years ago (he died in 2012 - he would have been gutted to see it like this!) but we've had so many problems with this neighbour harassing us and upsetting my children (one has been wetting the bed, and having nightmares about the "witch") anyway we decided to ignore it. We hoped that it would be an end to the problems with her - but she's carrying on, worse than ever. Yesterday I found out that she has been accosting people visiting me - and asking them why they have come to see me! I just got to the end of my tether with it all.

Sorry to digress.

Expert:  Remus2004 replied 2 years ago.
Clearly, this neighbour is harassing you. Harassment is a course of action intended to harass. A course of action is basically, more than once. It is a police matter and you might want to report it to the police if she is continually doing this. The police may say it's a civil matter and although it is indeed a civil matter, it is also criminal so you may need to press the police.
You can actually apply to court to get an injunction to stop her speaking to you.
With regard to the building on top of the party wall, if she has simply extended the height of the wall then if it is over 2 m, it is an issue for the planning department of the local Council.
There is no penalty in the Party Wall Act for not giving you a party wall notice however if she has built over your side of the wall, that is trespass and you are entitled to compensation (damages) in respect of the trespass or if it is a minor structure, to have it removed. That would require a court application for an injunction.
If you check your house insurance, you may find that you have legal expenses cover that would pay for the legal costs of any litigation so do have a look at that policy.
At this stage, a letter from a solicitor asking her to remove the trespass may have the desired effect although if it does not you will have no alternative but to make an application to court for an injunction and legal costs.
Can I clarify anything for you?
Customer: replied 2 years ago.

So it sounds like, you are saying, she's acted unlawfully by erecting the wall - but there isn't really anything I can do about it, because there is no penalty. is that right?

She has built on my side of the wall, but most of the building is on "her side" (even though the wall has been there longer than her house!)

Expert:  Remus2004 replied 2 years ago.
Just because there is no penalty in the Act does not mean that you cannot do anything about it.
You can take the neighbour to court for trespass to get the trespass removed and you can ask the court to award costs in your favour against the neighbour.
When I say there is no penalty in the act I am saying that there is no actual penalty for not serving notice.
All the usual common law remedies still apply.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69259
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

OK. Thanks very much. x

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 2 years ago.



I've rated about 5 times now, but I keep getting emails asking me to rate the service.


What do I need to do?



Expert:  Remus2004 replied 2 years ago.
You don't need to do anything else. Its the site sending out automated emails.

All the best.

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