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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7196
Experience:  28 years as a practising solicitor.
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Our neighbours have built a large (10m * 3m) "lean to" styl

Resolved Question:

Our neighbours have built a large (10m * 3m) "lean to" style woodshed in their garden. It has been attached along the full length of my sandstone garage which is on the boundary, with the roof and supporting rear posts bolted into the stone. Leaving aside any damage to the stone caused by the bolts, my main concern is that the shed roof line cuts across the garage window - about 2 foot above the window sill. Not only does this block light to the garage, it means that I can't paint the outside of the window frame, or ever replace it. I've spoken to the neighbours and they say they are entitled to do what they want on their own land. The local Planning Department say it didn't require planning permission so they have no interest in the matter. Can I do anything to get the woodshed removed?
Submitted: 1 year ago.
Category: Scots Law
Expert:  Stuart J replied 1 year ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Is your garage on your land only?
Customer: replied 1 year ago.

Yes, the garage is on my land only. The garage gable wall is built right on the boundary. The neighbour's shed has been attached along the full length of my garage. The property is in Scotland.

Expert:  Stuart J replied 1 year ago.
I will transfer this to Scottish Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

There is no automatic right of support in Scots law and you can insist that the shed be removed from your garage. That won't stop them from building a standalone shed along the boundary but they have no right to affix the existing shed to yours.

Your remedy is to issue via your solicitor a letter indicating that the structure is to be removed. If they don't, you can go to court for an order for removal of the structure.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7196
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

that's great, thanks! Is there any law / Act I can refer to when I speak to my solicitor about the necessary action? I already wrote (without prejudice) to the neighbours asking them to remove it and they said no.

Expert:  JGM replied 1 year ago.
Your lawyer will know the law. There is no Act as such. This case will be dealt with under common law, probably nuisance and possibly under the title deeds for the properties.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7196
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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