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Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I along with my partners own land that backs onto a Stone

Customer Question

I along with my partners own land that backs onto a Stone Barn that was sold off separately. The outer-edge of the Barn Wall is according to the Deeds the Boundary.
The Barn is being developed and the builders removed a padlocked gate to gain access to our land. They have demolished a large section of the rear wall, which was built on earth with no foundations, dug out a trench and concreted in footings which encroach a foot onto our land. What can we do?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Buachaill replied 1 year ago.

1. Any transgression over the midpoint line of the boundary is a trespass in law and entitles you to hack away the footings if you so wish. However, I would suggest that you first, speak with your neighbour and point out that he has trespassed on your land and would he remove the footings as the constitute a trespass in law. Otherwise, you can licence the trespass by getting him to pay you some money for using some of your land for the footings. However, it was not permissible in law for him to transgress over the boundary when creating foundations for whatever he is building. This is a trespass in law and entitles you to take remedial action.

Customer: replied 1 year ago.
Hi,On the basis of your answer, I have told the trespasser where to go.I also referred him to the case of "Stokes versus Cambridge", as at the end of the day we are not talking about a simple bend over and let him kiss your ass scenario.The Barn is worthless as it stands, particularly as he demolished the rear wall.I will rate you in due course.In the meantime if you have anything to add, you have my E-Mail address.If you like I will forward a copy of the E-Mail I sent to the owner.I don't pull any punches, but have an understanding of the law, better than most.
Expert:  Buachaill replied 1 year ago.

2. The key idea is that you own up to the midpoint line of the boundary. This includes the air above your land up to the midpoint line of the boundary. So this person cannot transgress the boundary at a higher point off the ground than the footings. So if this happens, it is also a trespass.

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