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ivorylounge
ivorylounge,
Category: Property Law
Satisfied Customers: 33536
Experience:  Barrister at Self Employed Barrister
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I have just bought property with sea view balcony. My neighbour

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I have just bought property with sea view balcony. My neighbour has raised balcony over mine, but also over my boundary, what can I do?
Can you provide some more information please
Customer: replied 2 years ago.
Of course, it is terraced house, all properties have rear balconies. To my left the neighbour has historically put a raised balcony that overhangs mine by almost a foot. At say 5 ft above the level of mine. If I were to walk to the far right of my own balcony I would smack my head on his. It's been there for many years though?
Customer: replied 2 years ago.
Sorry far left of my own space...
The starting point will be to both check the lease for the property and also I would suggest get a surveyor to determine whether the balcony in fact overhangs and as such causes a trespass. The key to all of this is getting evidence to actually show/prove a trespass. Happy to discuss. Please rate positive
Customer: replied 2 years ago.
The lease indicates it does overhang, there have been no changes to that or the deeds since the work was done. The owner in situ at the time of the balcony extension accepted compensation payment, but this did not come up in the legal searches done for me to purchase the property. Does this impact my position?
The fact that it is mentioned in the lease does cause you real problems. Why didn't it come up in the search - bearing in mind you say it is in the lease. Isn't your solicitor to blame for not picking it up? Please rate positive
or the surveyor?
ivorylounge and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
The lease gives no indication,but the surveyor is probably worth following up. Thank you. Can i progress this in light of compensation payment to earlier owner, even though that wasn't legally documented? I want to overhang removed?
Customer: replied 2 years ago.
Checked the survey, it was not mentioned. The deeds nor lease mention this issue. Has something been missed here? Or do. Have rights to approach the neighbour afresh?
It may well have been missed and I was raise the issue with your conveyancing solicitor
Customer: replied 2 years ago.
Thank you, ***** ***** position I guess.
my pleasure