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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16132
Experience:  30 years as a practising solicitor.
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My neighbour has built an extension partly into my garden,

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My neighbour has built an extension partly into my garden, she advised us that the extension was going to be built up to the boundary but has gone beyond this. She has also submitted an electronically signed ownership certificate b to the council indicating that we have consented to this. We explicitly told her she could not build over the boundary but she has done so and we have not consented to this or signed anything to that effect. I stopped the builder continuing the works once I saw it coming into my garden and advised building was not to come over boundary. I was told it was an error and they were looking at old plans. Building commenced on the understanding that it was only up to the boundary. I have spoken with planning and they have said it appears to be a civil matter. The plans that my neighbour showed us were not the same ones that she used to build her extension
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have not been able to get very far, I get told different things. I asked whether the ownership certificate was required to be signed by us as we have not had sight of it and we have nothing in writing stating we agreed to allow her to build over. My neighbour also did not leave us with a copy of the plans
JA: Where is the property located?
Customer: Scotland
JA: Anything else you want the lawyer to know before I connect you?
Customer: It would probably be wise for me to have all paperwork and issues pertaining to this looked out and in front of me first. I will get the documents together and re contact. Can I ask how do I pay you for this service
JA: PayPal, Debitcard or credit card are all fine.
Customer: Ok thanks, ***** ***** the costs
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: sounds good. Is there any paperwork I should definitely have to hand to give fullest picture of the issues. The building works are the tip of the iceberg
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Thank you!

Thanks for your question. I am a solicitor in Scotland. The planning department is right. This is a civil matter. Encroachment on your boundary is something, that if you take it all the way in court, your neighbours would have to take the extension down. Does the neighbour admit there has been encroachment?

Customer: replied 1 year ago.
She doesn't admit encroachment, she submitted a certificate B and states that we agreed. We were not notified or shown any forms indicating she was planning building over by 50mm. We would not have agreed to this but as there are no forms it is our word against hers that we did not agree. I note from her submission on the planning site that she said we were going to build an extension coming off the wall which encroaches on my land and that she had agreed to build a party wall to facilitate this. My extension is at the gable end of my house and no where near the disputed wall.
Is the portion of the wall in my garden my responsibility for upkeep etc and legally jointly my wall if it is deemed a party wall. Can I lawfully attach planters/grow plants up the wall to soften its appearance, my neighbour is very problematic and I don't want to raise any further issues unwittingly.

As the building encroaches on your land, that bit of the building is actually owned by you. It isn’t a party wall if it is on your land so you can plant what you like. The planning issue is entirely different from the title issue. Short of taking the building down the neighbour has to be prepared to buy the encroached land from you. That gives you the advantage here as regards ***** ***** I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16132
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Very helpful