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My neighbour has a wooden store built between our two extensions. The store is over the boundary line and the wall of my extension forms part of his store. I have been asking him for nearly 18 months to remove or reposition the store back onto the boundary line. He has refused. I can now see that my wall is becoming damp and mouldy and I am concerned that it will eventually travel through the wall and affect the internal plaster and decor. I have also put my requests in writing and he has still refused to move the store. Am I entitled to remove the store away from my wall myself. Would this be classed as criminal damage. Many thanks ***** *****
Hello, I am a solicitor with over 15 years experience. I will try to help you with this.
Am I right in thinking that he has constructed a lean to type structure on your land leaning against your wall? Is it entirely on your land or partly on his?
You are correct. The majority of this store is on his land but extends over the boundary line by sevarl inches and our extension wall forms part of the store. The roof of the store is supported by two wooden posts in ground spikes. It is not attached to our wall and there is a very very lsight gap between the roof and the wall where water is geeting in and causing the wall to be damp and mouldy.
This answer is on the assumption that you are right about the position of the boundaries. He is trespassing on your land and damaging your home by doing so. You have pointed this out to him. You could ask fro payment for him using your land and demand that he make the construction more sound to prevent the damp build up. I don't think that this is what you want. He is using your land without permission and you can remove his structure from your land if you wish. If you were to simply put a new wall at the boundary point of the properties to stop encroachment on your land there isl be no legal problems at all with this. That could amount to quite a lot of work and I do not know if it is feasible. If it is feasible it may be your best solution. Maybe you should give him written warning that you are going to do this and explain why and give him say 28 days to do it himself. If he doesn't and you then do the work then there will be no legal problems for you.
This would not be criminal damage, as you have a reasonable excuse to do the work ie: he is trespassing on your land and causing damage. In theory you might be able to demand that he pays for the work but you may not want to pursue that.
Thank you for this excellent service. Am I able to quote this advice in any correspondence I send to my neighbour and use it should he call the police.
Hi really sorry to send this again but can I quote your replies in correspondence to my neighbour.
Ok many thanks again for an excellent service.