How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Judge Your Own Question

Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32885
Experience:  Over 20 years experience
27487359
Type Your Property Law Question Here...
Thomas Judge is online now

Our adjoining neigbour has built a rear ground floor extension.

Resolved Question:

Our adjoining neigbour has built a rear ground floor extension. Their roof tiles and guttering hang over our fence, which the builder says he used the fence line as the boundary of the properties. Having had a disagreement about the infringement our neighbour agreed that they would take back the roof tiles - we removed the guttering - this was 2 years ago, nothing has happened since. Also, we returned from holiday last night, to find the neighbours have trespassed onto our property to renew 3 fence panels along their extension and paint the side of their extension facing our property, which can only be done from our side. I would be grateful for your advice as how to proceed with this issue. Many thanks, ***** *****
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
As you will imagine this is strictly speaking a trespass and as such is actionable per se. You can sue for damages although in reality you would receive very little from the court. You can obviously send a solicitors letter to put him on notice that he should not do this again - or let him off. Neighbour disputes are something which is disclosable should you wish to sell the property in the future.Happy to assist - please rate positively
Customer: replied 1 year ago.
The issue regarding the erection of the extension has not been mentioned.
Expert:  Thomas Judge replied 1 year ago.
I see. I thought the extension issue had been resolved.
Customer: replied 1 year ago.
No, it remains unresolved- they verbally agreed to reduce the roof overhang, they have done nothing about this.
Expert:  Thomas Judge replied 1 year ago.
If the roof overhangs your property then this is a very clear and active trespass. They are a trespass and, as a last resort, a court has the power to order an injunction to remove them. I would formally write to them giving them the opportunity to make good within a reasonable period of time and should they fail to do so then you will consider taking legal action.A word of caution is necessary here, however: roof tiles overhanging many feet up in the air may be considered by the court as a trivial trespass. Unless you can show some real harm or serious implication requiring its removal, then the court may not order its removal and can penalise parties for bringing trivial cases.
Customer: replied 1 year ago.
It's a ground floor extension.
Expert:  Thomas Judge replied 1 year ago.
Well that does not sound like a trivial trespass then. So I would certainly get a solicitor to formally write to your neighbour then.Please rate positively
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32885
Experience: Over 20 years experience
Thomas Judge and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions