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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33037
Experience:  Over 20 years experience
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I have just bought property with sea view balcony. My neighbour

Customer Question

I have just bought property with sea view balcony. My neighbour has raised balcony over mine, but also over my boundary, what can I do?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Can you provide some more information please
Customer: replied 1 year ago.
Of course, it is terraced house, all properties have rear balconies. To my left the neighbour has historically put a raised balcony that overhangs mine by almost a foot. At say 5 ft above the level of mine. If I were to walk to the far right of my own balcony I would smack my head on his. It's been there for many years though?
Customer: replied 1 year ago.
Sorry far left of my own space...
Expert:  Thomas Judge replied 1 year ago.
The starting point will be to both check the lease for the property and also I would suggest get a surveyor to determine whether the balcony in fact overhangs and as such causes a trespass. The key to all of this is getting evidence to actually show/prove a trespass. Happy to discuss. Please rate positive
Customer: replied 1 year ago.
The lease indicates it does overhang, there have been no changes to that or the deeds since the work was done. The owner in situ at the time of the balcony extension accepted compensation payment, but this did not come up in the legal searches done for me to purchase the property. Does this impact my position?
Expert:  Thomas Judge replied 1 year ago.
The fact that it is mentioned in the lease does cause you real problems. Why didn't it come up in the search - bearing in mind you say it is in the lease. Isn't your solicitor to blame for not picking it up? Please rate positive
Expert:  Thomas Judge replied 1 year ago.
or the surveyor?
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Customer: replied 1 year ago.
The lease gives no indication,but the surveyor is probably worth following up. Thank you. Can i progress this in light of compensation payment to earlier owner, even though that wasn't legally documented? I want to overhang removed?
Customer: replied 1 year ago.
Checked the survey, it was not mentioned. The deeds nor lease mention this issue. Has something been missed here? Or do. Have rights to approach the neighbour afresh?
Expert:  Thomas Judge replied 1 year ago.
It may well have been missed and I was raise the issue with your conveyancing solicitor
Customer: replied 1 year ago.
Thank you, ***** ***** position I guess.
Expert:  Thomas Judge replied 1 year ago.
my pleasure