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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Next door neighbour has built an outside toilet and the building

Resolved Question:

Next door neighbour has built an outside toilet and the building (circa 10 feet long , 4 feet wide, 12 feet high) that is on our side of the boundary line. They removed the dividing fence and built the toilet building. The footing support is over by 10 inches. The building is over by 2 inches.
I thought you could not build within 3 feet of a boundary line.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask how long ago the works were completed please and whether you objected before or during the works being carried out?
Customer: replied 2 years ago.

We have had many discussions objecting to the work. The work was completed probably circa two months ago, but they have not completed it in that no door is on the building. The deviding fence that they removed has not been replaced

Expert:  Joshua replied 2 years ago.
Thanks. Did you put any objections in writing at any time or have all discussions been verbal?
Customer: replied 2 years ago.

All discussions have been verbal. We certainly did not give permission either in writing or verbally

Expert:  Joshua replied 2 years ago.
Thank you. Based on what you say the building would appear to be a trespass on your land on the basis that the location of the boundary is not in dispute and certainly from what you say, the boundary location is clearly shown by the fence which has been partially removed.there is no planning restriction on building close to the boundary line but if a building is built within 2 m of the boundary, the maximum height of the deeds of the boundary line must be no more than 3 m high. If a building is built along the boundary line, it is also necessary for the neighbour to 1st serve a party wall notice upon you and obtain your agreement.Nothing is more however authorises the building of anything upon your land which as above, amounts to a trespass.In terms of what action you can take, you will need to move quickly as the law will quickly restrict your remedies if you delay. The first step is to write to your neighbour either by email or letter referring to the various conversations you have had drawing his attention to the fact that you have objected in the past, if possible include the dates of the various conversations and objections and expressing your dismay that his continued to proceed with the building of the structure on your land against your express instructions not to do so and that he has failed to serve the party wall notice upon you in respect of the building and formally requesting that he removes the structure from your land and ceases any further works on the building as per your previous instructions lots to build on your land. You may ask for his express undertaking that he will do so within the next seven days failing which you can warn him that you reserve your right to make an application to the County Court for an order that the building is removed or failing which compensation is paid to you for the loss of land together with costs of the court application.If you fail to respond, you may consider applying for an order that the building is removed or in default of which, the compensation is paid to you for the loss of your land and the damage caused to your land. Courts will be prepared to order the removal of the building that is built on another person's land but delay in bringing an application can be fatal in respect of obtaining in order to actually remove the building. Where a company has one party has unreasonably delayed bringing an application, a court may not order the removal of the building but instead order that compensation is paid to you for the loss of your land based on the value of the neighbour would likely have had to pay to you for the land had you entered into negotiations for its sale. to make the application, you will need the following form and are able to claim back court costs if successful. In order to obtain an order for the removal of the building, you will need to be able to evidence that you expressly instructed your neighbour not to proceed with the building works and objected at stages throughout the build had not unreasonably delayed following the semi-completion of the building works. If you are not able to satisfy the court, it is likely the court will restrict itself to awarding compensation for loss of land on the above basishttp://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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