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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 10949
Experience:  Barrister 17 years experience
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hi I am a joint home owner of a terrace house I bought from

Customer Question

hi I am a joint home owner of a terrace house I bought from the council 10 years ago next door to me is a council own property which has been had a new roof (kingspan type cladding) installed recently,we had two surveyors reports one representing the council and the other representing us paid for by the council. the plans and the party wall detail were presented to us signed and agreed by both surveyors, the detail said that the final capping piece under inspection was to be signed off by us this was not the case, not only was it fitted without our consent to my amazement the roof sheet was 75% over hanging and fixed to our roof joist and capped off approx. 800mm into our roof space..where do we stand and can we take legal action against the council.. regards
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.
1. At the outset, an owner of property owns the airspace above this property in the same way as he owns what is beneath the ground in his property. Accordingly, the 800mm overhang into your property is an actionable nuisance. You can sue the Council and force them to put the works right. Or you can do the works yourself and send the bill to the Council. Here where the works were agreed in advance, the fault seems to lie with whoever did the works. Accordingly, you should get yourself a solicitor and get them to write to the Council pointing out what has occurred and indicating that you will sue if the works are not remedied immediately. Make clear that the works were not carried in accordance with what was agreed. Give a certain time period within which the works have to be remedied. If you don't get a positive response, then you should issue proceedings and sue.