How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19866
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

My sister in law is having her conservatory re-erected - building

Resolved Question:

My sister in law is having her conservatory re-erected - building regs & plans all approved by the right people/bodies, not excavation or foundation done as old ones were signed off by the right body as suitable.

Just before she started she was told that she did not need a party wall agreement.. it turns out she did ( 1 RSJ being bolted to the shared wall) some work had started but she immediately contacted her neighbor and provided the right document, she instructed the builders to stop work via e-mail, and went on vacation. several things then happened:
1 - building did not read e-mail and carried on work
2 - neighbor did not respond until after 3 weeks asking for all building to stop,
3 - sister in law informed that, this was now too late as builder had gone ahead.
4 - neighbor is now planning to sue for compensation, will appoint her own surveyor etc..

A couple of additional facts:
Neighbor claims it is her wall BUT when erected was actually build on my sister in laws land - 6 inchs over middle of boundary- is the neighbor therefore trespassing.
Neighbor's main concern is that sister in Law should not build at all as she might want to take her extension down one day.

Questions:
where does she stand legally
what are her best next steps
is there any point in the neighbor appointing a surveyor as work is all but complete. minus tiling and cosmetic.

many thanks
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. 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, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you have a specific question?
Customer: replied 1 year ago.

hello and thank you for taking the time


 


where does she stand legally and what should she do next ?

Expert:  Stuart J replied 1 year ago.
I cannot see how the neighbour can say that this is their wall of it is clearly on your sister-in-law’s land. If however it abuts the boundary, there should still be a party wall agreement although the reality is that the neighbour can do nothing about it. In addition, the conservatory is now up and it appears that whilst the neighbour may want some compensation (been reading too many of the wrong kind of law books?), The neighbour is only entitled to compensation if the neighbour has suffered any kind of loss.
If the wall is built by the neighbour entirely on your sister-in-law’s land, and it is indeed trespass but I imagine that your sister-in-law does not want it removed! Once it has been in place for 10 years then there is a possible claim for adverse possession of the land and if it has not been an exclusive use of the land, after 20 years, there is an easement for the wall to remain in place.
From the description of the wall, whoever’s land it is on, it is a party wall regardless and therefore the neighbour would not be able to take the extension down without your sister-in-law’s consent in any event.
To be honest, I cannot see any point in either of them appointing a surveyor if the work is now done and there is no damage. I cannot see what the surveyor will report on.
Does that answer the question? Can I answer any specific points?
Can I answer any specific points or clarify anything?
If you have not done already, please don't forget to positively rate my answer service even if it was not what you wanted to hear. You should now see a series of buttons which enable you to rate my answer service formally.
If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating.
It doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!
If in ratings you feel that you expected more or it only helped a little, please ask.
The thread does remain open for me to answer follow-up questions after rating my answer service.
Rating doesn’t close the enquiry at all even though the site may give that impression. It remains open for you to read and ask for further clarification.
Regards.
Customer: replied 1 year ago.

Many thanks, XXXXX XXXXX really what we thought, nice to hear we were on the right path.


what should my sister in Laws next step be in response to the e-mail stating she will also involve a solicitor for the "breach & trespass of my boundary wall" AND involve Planning enforcement for the "break and trespass of my boundary wall which will invalidate the certificate of Lawfulness"

Expert:  Stuart J replied 1 year ago.

I would quite simply say ”thank you for your email of the X date. Please make all future correspondence in writing as I will no longer reply to emails due to the contentious nature of the matter. I look forward to receiving correspondence your solicitor and when I do get it, I will seek legal advice and revert directly to your solicitor” check the house insurance to see if there is legal expenses cover that would pay for the cost of this. If there is, check with the insurance company that this is covered and it is covered, add-on to the end of the letter “I have checked with my insurance company and they have advised me that I have legal expenses cover which will pay for the legal costs of any litigation. Yours sincerely.” If their solicitor writes then take the correspondence to a solicitor and deal with it. Until then, there is little point in getting stressed The reason for not replying to emails is that people fire them off willy-nilly because they are so easy. People will also whinge and moan and blow hot air without actually doing anything and that serves no purpose whatsoever. If anything is going to happen, it needs to be done now, not later. Many people will prattle on for months threatening solicitors (which is stressful in itself) and not actually do anything

 

If you have not done already, please don't forget to positively rate my answer service even if it was not what you wanted to hear.

if you don't rate it positively, I don't get paid.

 

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19866
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience