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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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Hi, My father has a concern regarding the boundary with

Resolved Question:

Hi,
My father has a concern regarding the boundary with his neighbour.
My father owns a semi-detached property.
The joining neighbour has built a brick porch recently. The side of the porch has been built inside the boundary of my fathers house slightly. The outside edge of the brickwork of the porch is more or less in line with the inside face of the party wall rather than central to the party wall, which is the boundary.
The porch is larger than 3.0 square metres so is not permitted development but planning permission has not been sought.
My father is not too concerned about the lack of planning consent or the encroachment. However he does not want the neighbour to gain a portion of land through adverse possession in the future and would like to know if there is a document or letter that can be signed, which ensures the boundary will remain as it should do, central to the party wall.
I suppose the key is whether this will require a solicitors involvement and become costly.
Kind regards Robin
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
wingrovebuyer : Hello. If that's all he wants, he should discuss is wi the neighbour and say he will permit the encroachment. He should then put it in wiring, in the form of a letter, which the neighbour should countersign as evidence that he has agreed to this. Because the encroachment is then with permission, the neighbour (and his successors) can't obtain the extra land by adverse possession. Best. WB
Customer:

Hi,

Customer:

Hi Thank for the prompt reply.

Customer:

Please could you confirm if a letter, countersigned is sufficient legally. Is there a requirement for a solicitor? I guess once the letter states that the encroachment is permitted, then it cant then be refused at a later date -IE forcing the neighbour to remove the encroachment by moving the porch position.

wingrovebuyer : Hello. For the purposes of giving
wingrovebuyer : Consent to defeat adverse possession, the countersigned letter is more than sufficient. Your father could say the permission can be withdrawn at any time, but that might prompt a full blown neighbour dispute. Best, WB.
Customer:

That is very helpful, thank you for the advise. Robin

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