Property Law
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thank you Nicole. My lawyer and surveyor tell me that the wall is a party fence and who built it and owns it will never be established. I could go to court and just end up with a bill for £40000 and none the wiser! The wall kinks and as a result land that would have belonged to the owners of my house has for the last 100 years or so ended up in my neighbour's property, ie, a wall they may have built rested on it. The surveyor says that they now have historic ownership as "their" wall rested on this land for a century. In that case the wall can be demolished and a replacement wall built that follows the kink and rests on land that would have originally been my side of the boundary line. I have argued that the demolition of the wall frees up my land and I can reclaim it! I suspect that there is nothing I can do. However, if you or your colleagues know of any legislation or case law where this issue is relevant, I would dearly like to know.
Thanks Henry
Thank you for very helpful advice. One more question please. My neighbour is refusing to disclose whether or not her insurance would cover any damage that her building work might do to my property - not just demolition and rebuilding of the wall but also more extensive works including digging down in the basement, I am reluctant to pay additional insurance to cover any damage she may cause. Is there anything I can do to make sure she has appropriate insurance or is there something wrong with the law and it permits people to bully their neighbours in this way!
thank you