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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 26444
Experience:  Senior Partner at Berkson Wallace
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I have a detached house and part of the his base bricks are

Customer Question

I have a detached house and part of the his base bricks are on my side, so when I’m stacking some bricks on top on top he says that my wall but it is on my side. So this is my issue!?
JA: What are you located? It matters because laws vary by location.
Customer: luton Bedfordshire
JA: Has anything been filed or reported?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no just this issue of stacking some bricks against my neighbours wall, but it’s on my side
Submitted: 14 days ago.
Category: Property Law
Expert:  Stuart J replied 14 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 14 days ago.

Can you clarify why if you have a detached house you are stacking bricks against your neighbours wall?

Customer: replied 14 days ago.
detached house
Customer: replied 14 days ago.
Because there is already a ledge to place them on, also it’s not touching his house wall with a 1cm air tunnel so his bricks don’t get damp and wet all the time.
Expert:  Stuart J replied 14 days ago.

This is his wall or rather these are his bricks but on your side.

It is well settled law that anything which is attached to the land becomes part of the land so the wall which is now built on your side, you are quite entitled to claim.

BUT if you don’t claim it, then after 10 years he can claim adverse possession of that piece of land and the other side of the wall closest to you becomes the new boundary.

Although this might seem a very minor problem it’s actually a very complicated legal argument if it comes down to it.

In essence, you can say that it was very kind of him to build that wall on your land and to give it to you.

So can he either agree to what you want or get his bricks off your land please?

This is on the strict understanding that it’s not been there for 10 years because after 10 years if he use this wall exclusively the could claim adverse possession but in the circumstances he hasn’t because you have put stuff on top of it.

He would therefore need to have waited 20 years to have an easement for the wall to remain in place.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 14 days ago.
Thank you and I will follow this up
Expert:  Stuart J replied 14 days ago.

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

Can I help you any further with this?

I'm happy to clarify anything which is outstanding. Please don't hesitate to ask.

Kind regards

Stuart

Customer: replied 14 days ago.
For now that is it, if he wants to take it further he can pay and I’ll be happy to move bricks.
Again thank you and that’s it all sorted
Expert:  Stuart J replied 14 days ago.

Thank you. Good plan.

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart