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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9611
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Property Law Question Here...
Jeremy Aldermartin is online now

A devastating sutuation has been put before us regarding

Customer Question

A devastating sutuation has been put before us regarding building work which was approved with two sets of plans which we only received one notification through the door of we thought it would be a single storey rear extension and did not expect a two storey extension. Having said that we have not been contacted when the work started on my border they removed the fence posts and fencing without my permission, they dug out the foundation on a very dabatable border line, their foundations are closer than three metres to our foundations.We only became aware of this when the tenant in our house informed us they wanted to errect scaffolding on our drive for a six week period. I have sent the owner a letter refusing access as we have work booked in regarding a garden clearence and renewal of fencing and removing a tree that is threatening our house. They have continued with their building work up to the eaves of their property and it looks ver dangerous to me but most of all it has instantly devalued my home if it is deemed to stay because it blocks out light to the whole rear of my house and we are devastated now as it is irrelevent building a conservatory where we could enjoy the sunlight.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have rang the Planning Officer that approved this extension who was ver unhelp ful and i did say i would send her photos to demonstrate the impact of this project to my house. We have sent the neighbour a letter basically denying the access for the scaffolding for reasons given and i also asked him to provide me with the builders details as neither the owner or the builder has contacted me in regard of being on my property without my knowledge. I have stated in the letter that i will need written approval for any type of access that i might consider. I basically urgently need to know if he has broken any laws by not informing me in writing or getting permission for removing my border fence and posts and they are continuing to build even without the scaffolding and the quality of work looks dangerous. We have taken photos of the building work so far.
JA: Have you talked to a lawyer about this?
Customer: No i seriously need to as we dont know how to approach this its just horrible whats happened
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I can supply photos if required its just a prperty owners nightmare that has happened
Submitted: 15 days ago.
Category: Property Law
Customer: replied 15 days ago.
We are devastated there has definitely been land loss on the border near my garage a wheelie bin on a picture clearly shows this also the two storey rear extension totally overshadows the rear of my house and the pictures clearly show the loss of light to all of the windows to the rear of the house and also the rear of my house where we were going to have a conservatory. But as i have pointed out a single storey would have been fine but for some reason they changed the plan from a double storey extension on the other side of their property and moved the problem over to us.
We are totally committed to take this as far as it can possibly go to get it down to a single storey at the very least as pointed out earlier these builders that the owner is working with do not follow or identify protocol to be followed in any way shape or form. I only got to know that the building has commenced when my tenant informed me that the foundations were in and they were half way up with the wall but when i got there they were up to the eaves so i took pictures of everything. Me and my wife are devastated its just what you read about in the papers. We must at least achieve a single storey. Please can you give us as soon as possible the course of action to take on this as they are building at speed for some reason. Kindest Regards Mr & Mrs Schofield Owners of*****
Expert:  Virtual-mod replied 15 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 15 days ago.
We will wait so you can search for the right solicitor to deal with our devastating situation we are faced with please treat this as a matter of urgency Mr Andrew Schofield
Expert:  Jeremy Aldermartin replied 13 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Customer: replied 13 days ago.
Great news thankyou
Expert:  Jeremy Aldermartin replied 13 days ago.

There is a lot of information there but I will try and address all the points, in essence no they did not break any laws not informing you about their building plans, that is something that should have been on the council's planning application website. In relation to removing the fence, if this is on the border it depends whether it is their fence or yours. If it is their fence they can remove it. The only thing they cannot do is trespass over the border onto your land. If you feel they are over the border you can try and bring a legal claim for trespass. I trust this assists

Customer: replied 13 days ago.
What we need at the moment is how to word a letter to the neighbour to confirm that we object to the two story rear exstention and refuse access until we are fully satified with our investigations about loss of light why the single floor rear extention was changed the legality of starting work on the build on our border which we think is more on our side building the second story from their side with no scaffolding from their side at all with out my written concent please advise asap
Expert:  Jeremy Aldermartin replied 13 days ago.

You do not need a letter confirming you deny access, you have already confirmed to them you deny access. Whilst your objections to the build are irrelevant they have planning permission. Loss of light is a planning consideration but they have planning consent so it is to late to object on those grounds now. They can build up to the border. Your only complaint as I say would be that they have gone over the border. With all this in mind a letter would essentially be:

Dear X,

Re: Building works at [insert address]

To confirm we do not give permission for you to access our land for any reason whatsoever related to your building works. We also object to your building plans in general but note you have planning consent for the works and therefore, can legally proceed with the works despite this.

We also object to the removal of the fencing and posts from the boundary line, please restore the fence to the border as soon as possible.

Kind regards.

X

[insert address]"

I trust this assists

Customer: replied 13 days ago.
Thankyou the letters are great their is just couple of points to add the is ours and the border fences and posts were removed because that is where the exstention foundations have been dug out and they have now built on to to there eve's there pic's that show this will the letter need these facts in also
Customer: replied 13 days ago.
The border is ours sorry
Expert:  Jeremy Aldermartin replied 13 days ago.

They can build up to the border. I trust this assists

Customer: replied 13 days ago.
how can they put back my border fence if they have built on where it was
Expert:  Jeremy Aldermartin replied 13 days ago.

They can't. In that case you will need to write:

Dear X,

Re: Building works at [insert address]

To confirm we do not give permission for you to access our land for any reason whatsoever related to your building works. We also object to your building plans in general but note you have planning consent for the works and therefore, can legally proceed with the works despite this.

We also object to the removal of the fencing and posts from the boundary line but note you can build up to the border.

Kind regards.

X

[insert address]

I trust this assists

Customer: replied 13 days ago.
I have also looked at my original title deed and the border is definitely ours, they have removed my fence from and built on top of. so the building work that they have done so far will have to come down to honour our border line with a new fence installed. This obviously poses him with a massive problem now and what do we do if he refuses to take down his building and reinstate my fence on my border.
Expert:  Jeremy Aldermartin replied 13 days ago.
Well you say it’s definitely yours, you should note that the title plan cannot be used to determine the true boundary as the title plans are not accurate enough, even the land registry say this. Instead if you wanted to know the true boundary you would have to get a determined boundary using a surveyor but given work has already started it would be too late now. You could try and bring legal action for the land you say he has taken which is on the border but as I say you would need to get a chartered surveyor in to determine the land is in fact yours. I trust this assists
Customer: replied 13 days ago.
The question i would really like to ask is why the original set of plans changed from a single storey which we would have accepted but obviously behind our border line and why did they change this to a double storey which directly affects our light no matter which way you look at things. The covenants in the original title deeds mention the purchaser should erect forthwith and forever there after maintain the fences marked with a T inwards on the said plan. Our border is marked with a T facing inwards and we have maintained the fences as such. And isn't there a legal case that he has trespassed to build what he has built with no permission what so ever? We notice in your answers earlier on that it could be a case of trespass and would this trespass rule be applied to the builder being on our land for the first part of the build which i was not aware of and was told by my tenant after the initial work was done
Expert:  Jeremy Aldermartin replied 13 days ago.
I can’t say why the plans changed but if they got planning permission for the amended plans then it’s legal. Regarding the trespass point yes there is a legal case for trespass if they have gone on to your land, I have already discussed the building on the boundary point so won’t go into that again, if you mean can you sue for the builder previously going on your land, yes theoretically you could sue your neighbour for that but any damages would be minimal so it’s likely to not be worth the time involved but that’s a matter for you. I trust this assists
Expert:  Jeremy Aldermartin replied 13 days ago.
Ps the covenant means you maintain the fence not that you own the fence or indeed own the border. Even if you own the fence again a legal case would lead to minimal damages for removal of your fence and that’s it. I trust this assists