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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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My son's next door neighbour has got planning permission granted

Resolved Question:

My son's next door neighbour has got planning permission granted to build side and rear extension. His builders have started work and completed the foundations. We feel that his side extension is encroaching our boundary. I wrote him a letter to cease work on the extension until the Partition Wall agreement is in place. What option do I have which ensures that his does not do any more work until the Party Wall agreement is in place?
Mahendra Amin
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
are you sure it is on your land?
Customer: replied 1 year ago.

Hi Ivory

I wanted know if he can go ahead without the Party Wall agreement in place? We can sort out the dispute once the Party Wall agreement has been drawn up and agreed.

Mahendra

Expert:  Thomas Judge replied 1 year ago.
You can. If the extension is encroaching your land that is not a party wall matter but a simple trespass which is against the law - you need to make them very clear about this and can apply to the court for trespass. I would be minded to get a solicitors letter to them to cease the work or you will take them to court seeking costs and damages. You do need to be very clear that there has of course been this encroachment onto your land.I hope this helpsPlease rate positively
Customer: replied 1 year ago.

Hi Ivory

Thank you for your reply. The council has specified whilst granting the neighbour the planning permission that he should give my son a notice before he starts work and there should be a Party Wall agreement in place. His builder has already completed the foundation and I just want you to confirm that is my letter sufficient to make him cease the work until the Part Wall agreement is in place or do I need to get a solicitors letter to them? I was told that I can get a stay order from County Court. Is this possible or a solicitors letter is quicker?

Mahendra

Expert:  Thomas Judge replied 1 year ago.
Your letter should be enough - but the fact is that if he does not stop then you would need to seek an injunction from court. I find that a solicitors letter carries a lot more weight and as such I would always recommend a letter - often cheaper in the long run.Please rate positively.
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32926
Experience: Over 20 years experience
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