[Misc] Building Question

[essbee1]

Just a thorny building question that someone may have had experience of.

If a neighbour of mine built a wall and part of it is, by mistake, or deliberately
in our property and provably so, do we have the right to remove that part of the wall without consulting
the neighbour so that it is no longer infringing on our property? We're talking about a foot or so
of brick/cement which can be removed quite simply without damaging the rest of the wall.

We have asked the neighbour to do it repeatedly, but they have not and that was a year ago.

Thanks in advance.

 

[Is it PotG?]

 

[BBassic]

Pretty sure if it's on your property you can do with it as you please.

 

[Weststander]

If it’s the same as the law on trees/branches, the finale is that you leave their materials on their land.

 

[METALMICKY]

Just a thorny building question that someone may have had experience of.

If a neighbour of mine built a wall and part of it is, by mistake, or deliberately
in our property and provably so, do we have the right to remove that part of the wall without consulting
the neighbour so that it is no longer infringing on our property? We're talking about a foot or so
of brick/cement which can be removed quite simply without damaging the rest of the wall.

We have asked the neighbour to do it repeatedly, but they have not and that was a year ago.

Thanks in advance.

Logical question I guess. Why are you so keen to remove the portion of the wall? Is it an eye sore not in keeping with your style of property or causing another issue? We all have to live with our neighbours so even if the matter of principle has been ignored in that they didn't seek permission, why cause bad blood? Sincere apologies if I'm wrong but the tone of your explanation suggests you might have a beef with when neighbour generally?

 

[essbee1]

Thanks all,

MM: there is a bit of niggle with the neighbour. Not of my making, but there is a boundary issue as well and getting that back to
how it was originally.

 

[Tim Over Whelmed]

If you've exhausted dialogue and neighbourliness then don't do anything until you speak with a Solicitor or the Planning dept at the Council.

 

[redoubtable seagull]

No expert but I assume the neighbour did not seek permission to carry out the work and there have been no assumptions made by the neighbour with previous owners. He should have sought your approval if the wall is a party wall.
Have you checked your deeds?
Certainly don’t take the law into your own hands but as others have said, if the dispute can’t be resolved amicably then you’ll need to appoint a property solicitor, which will be a drag and start to be expensive.
Have you put your complaint of encroachment to your neighbour in writing?
Another option could be to jointly appoint a surveyor to mediate.
Another option could be to ask the neighbour to buy the pocket of land off you, if you were willing to sell.

 

[banjo]

 

[studio150]

Just a thorny building question that someone may have had experience of.

If a neighbour of mine built a wall and part of it is, by mistake, or deliberately
in our property and provably so, do we have the right to remove that part of the wall without consulting
the neighbour so that it is no longer infringing on our property? We're talking about a foot or so
of brick/cement which can be removed quite simply without damaging the rest of the wall.

We have asked the neighbour to do it repeatedly, but they have not and that was a year ago.

Thanks in advance.

I expect you have already googled, but this looks comprehensive on the options

https://www.morlings.com/site/blog/litigation-blogs/my-neighbour-has-taken-part-of-my-garden-what-can-i-do

 

[B-right-on]

If talking to them hasn't worked and you don't mind upsetting them you have 2 choices apart from just leaving it:

1) Go down a very expensive legal route to get rid

2) On the basis it's your own personal property, get rid of it yourself and give them back their bricks.

Personally I'd do 2. Their only recourse would be to go down an expensive legal route. With photos and evidence of requests for the wall to be removed, they aren't going to have a leg to stand on.

After all it is your property at the end of the day.

Cue the 'you can't do that' posts, but that's what I would do. I have definitely not physically ejected squatters from an empty flat I was waiting to get renovated a couple of years ago and not got any come back.

 

[essbee1]

Thanks to you all. As usual - NSC: a place with so much useful and worthwhile experience.

 

[METALMICKY]

So we can decide if it's really an issue or whether you're just looking for a scrap!

 

[Baldseagull]

Maybe give him a deadline to sort it before you do, you never know, he might have someone arranged to come and sort it.

 

[ofco8]

Thanks to you all. As usual - NSC: a place with so much useful and worthwhile experience.

Be very careful, I had a similar issue.

My property is detached but my neighbour filled a gap on his land to form a garage, using the boundary wall I own as his garage wall. It made my property now semi detached, sort of.

I consulted an estate agent for before and after property values, which was negligible, in fact nil.

I consulted a solicitor to establish my boundary and ownership etc. and I got a substantial pay out from the neighbour to compensate me. Ensure your deeds definitely say where the boundary is and ownership as the neighbour may think and declare the boundary is his.

Good luck.

 

[colinz]

I can remember at my parents house the neighbour at the back of us, built his fence up to the back of our garage, unknowingly taking land from the back of the garage that belonged to our property.

The Old Man let it go until he (the neighbour) complained about my brother & I being in the street, kicking a ball against the garage wall on the street side.