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INC
INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Boundary Wall dispute

Customer Question

Boundary Wall dispute

Hi

I built an extension on a boundary wall about 4 years ago which my old neighbour agreed for us to do and we have an written legal agreement between us, all was ok until other nosey neighbours stuck their nose in and stirred up trouble, as she is old and got her worried that in the end it became a legal matter and we fell out but she died and it was not finalized and her heirs dropped it and the new people who bought it, who were the ones that did all the stirring to start with have now taken it on.

Apparently they sent us a letter from their solicitor a few months back which we did not receive and then out of the blue turned up at our door today, wanting to come in and talk for 5 mins, I explained I was busy and could not (through my intercom) and explained its Christmas and a very busy time could we talk in the new year, I was being reasonable, as my sister was not there either and could not make and she is the other owner until the new year, but they were very persistent and bullies really and went on and on, and informed me that there is no way we would win this case.

Our question is where do we stand (it was never put on the deeds) as it was with the previous owner and she is now dead and is there a time limit that this has to been done by as they kept saying it was urgent and we need to sort it out?

Ideally we do not want to agree to it, they want us to agree to it and have stipulated conditions, we feel robbed in a way as we paid all the expense of having this done and they did everything in their power to try to get us to get previous neighbour to make us knock the wall down and now all they would have to do is a 1 wall and have an extention at hardly any cost to them, its as though they laughing at us, I know you not suppose to get any emotions into this, but I am sure you can understand how we feel.

The biggest thing for us now that we live here, its our home that we come to after a hard days work and our extention room is the only room in the house we get peace, as they rent their house out and the tenants are a nightmare have sons that play really loud music, bang doors etc, so if they build an extension too its going to be adjoining to ours and we won't get any peace there anymore.

Where do we stand?

We live in the Uk - not sure if this has come through to the United States

Submitted: 5 years ago.
Category: UK Law
Expert:  A. Stewart replied 5 years ago.
Hi

Can you kindly elaborate your question and provide some more details?

Regards.
Customer: replied 5 years ago.

Hi

 

I have posted it already, let me know if you don't get it, I just edited my question before I got this from you.

Expert:  INC replied 5 years ago.
Hi Mia,

Thank you for your question. The information you have provided above is a little confusing, could you please clarify what exactly you it is you would like to know.

From the information provided above it seems there is a dispute regarding an extension you have built. Kindly clarify.

Many thanks,
Customer: replied 5 years ago.

Hi

The question is the previous owner has deceased and now the new owners have taken up after nearly 2 years of having the property where we left off with the previous owner that has deceased, we know they can do this but is there a time limit that they have to get the boundary wall problem solved by?

 

2) What rights do we have, eg if we do not want to do nothing about it, do we have to get it resolved or can we just leave it as it is, in other words its not been put on our house deeds?

 

3) If we do have to get it resolved they have stipulated via their solicitor that they want us to go ahead and have it put on our deeds (registered) but have asked for all these other conditions to be put in place:

i) Until they build the extension that we are responsible for the wall on their side, repairs etc, but we don't want to be as they have nightmare tenants and the kids are forever skate boarding up the wall etc, so why should we pay for damage, can we say they pay themselves?

 

4) If we do have to go ahead and get the boundary wall work we undertook put on our deeds can we stipulate conditions like:

i) If they build an extension that they soundproof the wall, and how would we say it, has we would want it to be really soundproof and paperwork to prove it?

ii) The above clause about the wall that in the meantime they are responsible for it

 

And just leave it at these 2 conditions or should we have more and what would they be?

 

 

Also would we be liable to pay for their solicitors fees or do they have to pay their own, what about our fees if we instruct a solicitor would we be responsible for our fees, or can we do this on our own?

Expert:  INC replied 5 years ago.
Hi Mia,

I will take alook into this and get back to you.

Kind regards,

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