How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Property Law
Satisfied Customers: 13672
Experience:  30 years experience in property law.
Type Your Property Law Question Here...
JGM is online now

If a neighbour has built an extension using our house wall

This answer was rated:

If a neighbour has built an extension using our house wall (party wall) as part of that structure without first adherering to the party wall act, and the Council having told them to remove it, but not upheld the enforcement order they placed on it, and on second application have given them permission to use part of that structure (still adjoined to our wall) to form a new extension. Is this legal?

(We are a Grade 2 listed property)

Regard Sherwin Bodsworth
There are two issues here, a planning issue and a property issue. You seem to have gone down the planning route.

What you should now do is enforce your property rights.

You neighbour can't just build against your wall. As notice has not been served under the Act you have common law rights. You can go to court and seek removal of the building, or compensation or both.

This is entirely separate to the planning issues although an am surprised that planning was ultimately granted after an enforcement notice was served in relation to a listed building.
JGM and other Property Law Specialists are ready to help you