UK Property Law
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Good afternoon. Thank you for the question. It is my pleasure to assist you with this today.
It is an interesting question. The point here is that the builders are acting as agents for the neighbour and with his authority and hence, any proceedings would be against the 2 of them, the neighbour is first defendant and the builder is the second defendant. The court will then decide, if it gets that far, how the blame should be apportioned. It’s likely to land at the foot of the builder but let the court decide that.
If however the neighbour had not instructed them to do what they were doing and they had simply done it on their own, of their own volition, then it’s likely that the court would find only the builder to blame.
Does that answer the question?
Can I answer any specific points arising from this?
Have you spoken with the neighbours yet?