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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 823
Experience:  Solicitor with over 15 years experience.
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I am joint freeholder owner with my neighbour. He has built

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I am joint freeholder owner with my neighbour. He has built an extension without my consent, where do I stand?
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
That depends on a lot of factors. Is there any agreement about building works and permissions between the 2 of you? How did the joint freeholder situation come about? Were you aware he was doing or planning to build the extension? If so what did you do? Does the extension have any adverse effects for you?
Customer: replied 2 years ago.

Hello London Lawyer

1. I will check the lease re, building works and permission

2. We bought the freehold together from the landlord 8 years ago

3. My neighbour mentioned he was doing building work and I said I was not so happy of more building work (they had built basement) but if we could have a roof terrace I would be happier - the extension is of their kitchen into the garden. They proceeded without any further consultation.

4. We did not see the plans before thye started building, and we are not happy about size of rooflight which means we see right into their kitchen.

5. They have not told AA Home Building insurance about the extension

6. They are extending their garden illegally into Britsh Rail land

What did you do when you became aware that they were going to build the extension. The reason I ask is that the courts are happier intervening before something is built than stopping it rather than ordering it removed.
Are you both long leaseholders in he same building with you in the uppper floors?
Customer: replied 2 years ago.

q. What did I do:

I didn't act at all I was too tied up with a work project. I don't need the building removed or stopped. I'd like some say over the rooflight, which is different to the plans I did see eventually.

And I'd like some contribution to some roof repairs as compensation for their attitude and suffering we have gone through from their loud building work. Again.

q. Leaseholder, yes you are correct.

1 You should discuss the roof light with your neighbours. Would some sort of frosted glass or an internal blind which is is usually closed be acceptable to you? .
As far as compensation is concerned I can't see any obvious link between your roof repairs anh their misconduct. You might strictly be entitled to some compensation for inconvenience, noise etc but it will not be very much and there is no guarantee you would win if you went to court over it. Also suggesting compensation might well taint negotiations over the rooflight.
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