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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33082
Experience:  Over 20 years experience
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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: 2 years ago.
Category: Property Law
Expert:  Thomas Judge replied 2 years 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 2 years ago.
The issue regarding the erection of the extension has not been mentioned.
Expert:  Thomas Judge replied 2 years ago.
I see. I thought the extension issue had been resolved.
Customer: replied 2 years ago.
No, it remains unresolved- they verbally agreed to reduce the roof overhang, they have done nothing about this.
Expert:  Thomas Judge replied 2 years 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 2 years ago.
It's a ground floor extension.
Expert:  Thomas Judge replied 2 years 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
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