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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 12195
Experience:  30 years experience in property law.
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If a neighbour has built an extension using our house wall

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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.
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