what action can I take when my next door neighbour built a new extension wall which stand partly on my property, the side window opened onto my property and the window sill and the lower level air vents are actually on my property. I have repeatedly inform my neighbour in writing and so far nothing has been done, can I take him to county court? please advice.
Country relating to Question: United Kingdom
I wrote to him more than five time in the last couple of years.
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Since October 2010
Thanks. May I enquire as to why you have waited until now to address the issue?
I have been addressing this issue since October,2010 and so far nothing has been done and now my neighbour is selling his property and I want to persue this into court for a legal decision.
The building is an extesion which is astride the boundary line on my property by a little bit. At the time of the construction the fence wall was partly demolished and it was not easy to notice that the wall was on my property. 2. I started to write soon after the construction was finished. please don't forget about the other issues i.e. the window etc. thank you.
Thanks. During construction you could have applied for an injunction either on the basis that the neighbour had failed to comply with the party Wall act and said you notice or on the basis that he was trespassing on your land and on the basis that the windows overhang land with open without lawful authority.the difficulty at this stage is that the neighbour will argue that your failure to take action in the last couple of years amounts to implied consent and that you are estopped from taking action now. It is probably unlikely that a court would order that the extension is removed from your land at this stage. It may be prepared to consider the issue of the overhanging windows. You may be limited however to a claim for compensation at this point.I would suggest if you decide you wish to pursue this at this stage, you will need the representation of a solicitor and surveyors report together with recommendations for you spend money on court fees issuing proceedings which may be limited impact at this stage. It may well be a you have a reasonable claim to compensation and may be able to seek to stop up the windows so that they cannot be opened at delay can be fatal in these sorts of situations in terms of actually having the structures removed
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
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