Thank you. You may have a claim against the solicitor if the solicitor didn’t advise you about this and it was shown on the local search. However just because there was not planning permission at the time you purchase the property doesn’t mean there would not have been an application a few months later because a local search only lasts a limited period of time, six months.
Assuming that your plans and that title deed plan is quite clear in showing that the piece of land which presumably they intend to build on, belongs to you and that there is sufficient in the paperwork for that to be a dispute, then I think it would be remiss of the solicitor to simply let this go ahead.
The further of the goes, the less chance there is of it coming down! What the court will not do is let you sit down and watch this building going on, knowing there is a dispute, and then order it to be torn down.
What you should be doing is applying to court for an injunction to stop building pending resolution of the boundary issue. The local authority planning department will not get involved in boundary disputes. Even if there was a covenant on the property preventing this, the local authority will not get involved in breaches of those covenants.
Ask your solicitor why he thinks it is not appropriate to get an injunction and if the building gets finished, and it is agreed that the boundary was in the wrong place and that this has been built on your land, BUT they don’t get in order to tear it down, what is the solicitor going to do about it?
Because there is some urgency here, your solicitor could attach a certificate of urgency to the application and you could have an injunction tomorrow. It would only be temporary pending a full hearing.
Does that answer the question? Can I answer any specific points arising from this?
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