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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 1253
Experience:  Solicitor
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We purchased our new build in July this year. At the front

Customer Question

We purchased our new build in July this year. At the front of our property are two garden areas on each side of the porch. In front of this is a pavement, part of which is to be adopted by the council, the other part remaining ours.When the developers laid the foundation part of the tarmac (i.e. not the top coat), they raised the centre portion of the pavement (looks like a bump on one edge of the pavement) as the garden area at the front of the property wasn't level (i.e. instead of levelling the garden and porch, they raised the pavement in an odd configuration). Unsurprisingly, the council has now told them that the pavement needs to be flat.Due to other dubious events (such as workmen using our outside tap to wash their car), we installed CCTV covering our property. This filmed the council, site manager and groundworkers on our property discussing what they could do to recify the situation (~ 3 weeks ago). While I don't have audio, it was clear that they intended to make changes to the front of the property. As the developer didn't contact us, we sent a letter clearly stating that no work was to be done without our permission. No response.Several days ago, I came home to find that they had channeled out the pavement area in front of the house on both the land to be adopted and our own property. As I work, to prevent further works while I was out, I parked a car over the area on our property. Lo and behold, when I came home the next day, a workman was waiting to talk to me (contractor, not a representative of the developer) and confirmed that they had been planning on coming onto the property and adding new paving to the porch (not on the plans) and changing the surface features of the property.Is there anything I can do about this? My concern is that they will again try to adopt the "now we've done it, what are you going to do" approach.
Submitted: 1 month ago.
Category: Property Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, they have been doing works on the land you own?

Customer: replied 1 month ago.
We had assumed they have some rights to complete works like garden landscaping and the surface tarmacing (not rearranging) as long as they gave notice as these were on the plans. But, these works would deviate from the plans we signed for and have been done without any notice or permission.
Expert:  Jamie-Law replied 1 month ago.

Ok - well they can't do this - you own the land. Any damage to your land could be criminal damage and an offence.

You could also seek a Court injunction to stop them doing anything in relation to your land or trespassing upon it. You can complain to the Police who could investigate and prosecute.

But you can get a local Solicitor to write and ask them to stop, or say you will go to Court.
Can I clarify anything for you about this today please?

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