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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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WE have a property that we have owned for over ten years.

Customer Question

WE have a property that we have owned for over ten years. The land registry shows our land bordered in red.
The person who sold the old farm house to us has gone on to develop six houses at the back of our property.
He was originally given permission for 4/5 houses. We share access on the little side road to drive onto our property. On our plans is a hatched blue area where the residents place their bins when needed. The builder now has to have his development signed off and he is trying to build a permanent enclosure for the bins. This will prevent access to our property.
He knows he is wrong as he built the enclosure on the other side of the road but the council are not accepting that one and want it our side. If he was in the middle of building it when our builder turned up to gut the house and order skips. The builder then called the police and said it was his land.
After lots of phone calls he has calmed down and said he doesn't want to to involve solicitors. However I spoke to compliance officer this morning who told me if the man builds his structure to comply I am the one who will have to go to court!??
I have had so much trouble with this house, lost thousands, bad tenants, death theats etc it is a nightmare and now this.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

What did you want to know about this? Whether you can stop the builder/developer building this enclosure even though the local authority have said that he cannot get the whole thing signed off without this enclosure?

Would the enclosure be entirely on his land?

Why would it prevent access to your property?