Ask an Property Solicitor. Get an Answer ASAP.
Hi, Thank you for your question and welcome. Is your daughters property (including the 1m strip) registered at the Land Registry? If so this is the land owners mistake, he should have applied for the planning permission more carefully, he cannot go ahead and build on property belonging to your daughter. Planning permission is just a consent to the proposal not a right to subvert other peoples land rights. Is the land currently accessible? Kind regards AJ
Hi, Thank you. You need to contact the builder and order him to stop immediately. How much would it cost to rectify the damage? Kind regards AJ
Hi, Thank you. Is there is anything you can do to stop further building works practically? You must stop him erecting any wall or temporary structure. I would consider obtaining an injunction. Is there any way you practically go any remark your boundary? Have you taken photographs of the boundary?
Hi, Thank you. Do you have photos of the existing fencing before it was destroyed? Are they actually going all the way into the garden to work, erecting scaffolding etc? Kind regards AJ
Hi, Thank you. They will need to pay your daughter a license fee to erect scaffolding. This is potentially a party wall issue, what I suggest you do is immediately go and see a party wall surveyor and get them to write to the developer to demand all works are ceased. If they trespass onto her property to start building scaffolding I would call the police especially if they are going to be threatening about it. Once the party wall surveyor is involved they will have to engage with him/her - and will potentially will have to pay the associated costs.
Hi thank you. I am travelling this morning - but I have received this I will review and respond today. Kind regards AJ
Hi, Thank you. When your daughter purchased the house did the solicitor report to you on this drainage issue? It is possible she has a legal right (by way of an easement) to allow what to drain into this man hole. If the builders damaged it they will have to pay for it.
Thank you. Do you have a definition of "Retained Land" in any of the documents? Kind regards AJ