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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 8539
Experience:  I have been practising for 30 years.
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We have a boundary wall dispute

Customer Question

we have a boundary wall dispute
Submitted: 3 months ago.
Category: Property Law
Expert:  F E Smith replied 3 months ago.

Could you explain your situation in a little more detail please?

Customer: replied 3 months ago.
i will try and keep it as short as possible
we own a property that used to be a factory and we have change of use to residential
our back wall forms the boundary to next door and basically runs along their garden as their garden wall
we applied and was granted planning to remove the last third of the wall and replace with a fence
we have started to take the wall down and did consult with the neighbour , but the rest of the wall has been deemed unsafe by the builder
the neighbour agreed to us coming onto his land to knock the wall down and rebuild but sent a long email with terms and conditions and compensation if we didnt finish by a certain time
we therefore contacted them at the weekend to say we will now remove the wall and fit a 2 metre fence inplace
we had a email back saying he will take legal action to stop us?
also they have items fixed on our wall that had no permission
thanks
Expert:  F E Smith replied 3 months ago.

Are you certain that this is your wall and is not a party wall?

Is it the unsafe part which is being removed? Have you mentioned that to the neighbour?

Customer: replied 3 months ago.
its our wall not a party wall
its the back of our house and planning approved the removal of part of it
we are taking down the bit from planning but this will cause the remainder to be unsafe
yes we have stressed how unsafe it is
Customer: replied 3 months ago.
file attached
Expert:  F E Smith replied 3 months ago.

If it is your wall, I cannot see that any action they bring to stop you taking the wall down will succeed.

If you start to take the wall down, and the neighbour seeks an injunction, you will have to defend it on the basis that it is your wall and you are entitled to do what you like with it.

You may need to prove to the satisfaction of a judge, if they do apply to court for an injunction, that the wall is indeed owned by you and it is not joint or party.

You also need to bring to the attention of the court that this is unsafe and hence, that is why it is being removed. The court cannot compel you to keep boundary features which belong to you, if you don’t want them.

The granting of planning permission or not, as the case may be, is not relevant.

Can I clarify anything else for you?

Please rate the service positive. It is an important part of the process by which experts get paid. It does not cost you anything but helps us greatly.

Best wishes.

FES

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