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 wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
Type Your Property Law Question Here...
wingrovebuyer is online now

my land is freehold. My next door neighbours footings and two

This answer was rated:

my land is freehold. My next door neighbours footings and two drainage grids of their extension are on my drive which is my land. Am I within my rights legally to charge them rent

wingrovebuyer : Hello. Did you give permission for these to be on your land?

no already there when I moved in

wingrovebuyer : Thanks. Do you know for how long they have been there?

no. I only wanted to know because a friend of mine had said.

wingrovebuyer : It they've been there for more than 12 years, it is likely that the neighbour could argue he has acquired ownership of the relevant land by adverse possession. Certainly for the footings of a building. For the drains / grilles it is perhaps more arguable that he would need an easement for them, so if they've been there for 20 years or more, then he has arguably obtained a legal right to have them there, meaning you couldn't charge a rent. Much will depend on whether or not the previous owner of your house gave permission - maybe they did, if so you might be able to revoke it. If they haven't been there that long, and no permission was given, then you could threaten to go to court to sue for trespass. However, no court would make the neighbour demolish the building or remove the grilles. They may award you damages, but the sum would depend on what commercially you would have agreed to accept had they asked your permission before building. As you can see - this is. It straightforward and depends heavily on the facts.
wingrovebuyer and other Property Law Specialists are ready to help you