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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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Mom purchased a bungalow and had the delapidated detached brick

Customer Question

mom purchased a bungalow and had the delapidated detached brick garage (which was next to her neighbour) rebuilt on the same foundations but with a metre extension and a pitched roof (rather than a flat one) - the neighbour said the builder had gone over by 3 inches .......... the dispute went on for some time and a court judge ruled in favour of the neighbour (adverse possesion) and the wall of the garage had to be moved back 3 inches but this did not apply to the 1 metre extension ......... mom passed away and the property is in the process of being sold - the neighbour is now saying the builders caused damage to her roof tiles and now has damp - she is willing to waive all issues if we move the 1 metre extension back 3 inches in line with the remaining garage wall (hope all this makes sense) if we move the wall, will we be in breach of any court order made? thank you
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. If you move the wall you won't be in breach of any court order. Basically, this will be a voluntary action on your part in agreement with your neighbour. There is no court order in place in relation to the 1 metre extension. But even if there were, your neighbour's agreement with you would amount to a waiver of any court order. So there is no way you could be in breach of a court order.
Expert:  Buachaill replied 2 years ago.
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