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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 30007
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Dispute with neighbour 're using our property to re-point

Customer Question

Dispute with neighbour 're using our property to re-point brick wall of garage built 2/3 years ago.It was never finished and never roofed,just tarpaulined and whole building site has been an issue and council have urged completion.We have had a letter quoting,neighbouring land (ACT1992 ) relating to access but when looked at this only applies to old buildings in danger of collapse? Can you please advise?
JA: What are you located? It matters because laws vary by location.
Customer: Stamford,Lincs
JA: Has anything been filed or reported?
Customer: Not to my knowledge although they say have spoken to solicitor but not official letter
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Only that the council have been aware of work not completed and have urged front of property cleaned up which it has,don't think they Can do more
Submitted: 12 days ago.
Category: Property Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

May I confirm if the work that the neighbours carried out require planning permission please? I'm not sure that it would have done based on your description of the work but if you could kindly confirm the position?

Expert:  Joshua replied 10 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms if the work in question require planning permission originally, the local authority have the power to serve something known as a completion notice which is as the name suggests, a notice served upon an individual to whom planning permission has been granted and he was commenced works to complete those works within a certain period of time with the risk that if they do not, planning permission may be withdrawn. This is all well and good till the councils are comparatively slow to exercise this power nevertheless, if the original work did fall for planning permission, you could ask the council to serve such a notice.

The position is more difficult in relation to works which did not require planning permission. In the circumstances, there is relatively little that can be done to force a neighbour to complete unfinished works unless you can show that the building is dangerous or is causing a public health risk which I suspect in this case, neither is the case

Expert:  Joshua replied 9 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 8 days ago.

I trust the above answers all your questions for now. If you have any follow up questions please do reply back to me.

Expert:  Joshua replied 6 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.