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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

My neighbour asked permission to erect a new timber fence and

Resolved Question:

My neighbour asked permission to erect a new timber fence and to demolish a brick outbuilding in my late fathers rear garden. He has only recently died and I am selling the house and the estate agents said the shed is a feature and good storage. I told her i had no objections to the new fence, but specifically told her that the brick outbuilding was not to be touched. The existing fence comes straight out from the boundary of our house, but is staggered around my brick outbuilding and has been like that for over 20 years.
I think she wanted to 'pinch' some of our garden by demolishing out brick outbuilding and putting a new fence up in a straight line. I went to check my dads house the other night and found the shed had been demolished and a new fence erected in a straight line, thus reducing the garden area. All the equipment in the shed has disappeared and a double gate to my dads property has been removed and placed in my garden. The gate will not rehang as a single skin wall at the back of the outbuilding has also been removed. I have tried to speak to the neighbour but she wouldnt discuss nor would she give me the name of the builder. Yesterday an Invoice from the builder was in the letterbox. This was for £785, which represented 50% charge for the works. I have spoken to the builder who tells me he gave the neighbour a quote which included removing the outbuilding and she told him I had approved the works and agreed to pay 50%. This is not the case whatsoever. The builder says he looked at the deeds and they showed a straight line boundry, which meant the shed was on her land and she couldtherefore remove it. He also stated that one leaf of the metal gate was directly fitted to a single skin wall and should have been fitted to a post. This, in my opinion is irrelevant to my complaint as the gate was fitted to MY single skin wall on MY land.
Also numerous shrubs were removed from my fathers garden without my knowledge or permission. The builder states he has not removed these and that i cannot accuse my neighbour of doing this ???
Should the builder have obtained MY permission to remove this shed on my land.
Should the builder have written to me outlining the work and seeking my permission to proceed and establish if I was jointly responsible for his costs.
Should the builder have reinstated the gate .
I await you valued response.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
This is criminal damage, even if the boundary line was off and the outbuilding was on the neighbours land, the building itself belongs to you. Therefore permission or a Court order should have been given to demolish the outbuilding.
Further the builder has NO contract with you. You therefore do not have to pay anything to the builder. Your contract (in which you agreed to pay 50% on what you say agreed) was with the neighbour. Therefore the neighbour is contracted to pay 100% to the builder.
But in any event everything should be back to the way it was and the neighbour responsible for the costs.
Can I clarify anything for you about this today please?
Alex
Ash and 4 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
[a] I did not agree at any stage to pay any % of the costs of these works and have never seen the quotation or specification.
[b] The builders Invoice does not refer to having demolished the brick outbuilding only to having removed the old fence and dispose of.
Customer: replied 2 years ago.
[c] This was immediately reported to the Police. On a subsequent visit to the police station I was advised that it no being persued as criminal damage as in their opinion it is a legal dispute.