Neighbour encroaching on property

[Guest]

My neighbour has attached perspect that runs at an angle on to my conservatory wall. The coping it is attached to belongs to him but he has constructed the perspect on a wedged frame to run directly under the top sill to run water from rain onto my wall, which in time will cause standing water and damp to the brick work.
Do I have the right to remove the perspect as it is damaging my property.

[Law Student 2]

Hi,*

Have you talked to your neighbour about your concerns and asked whether they can take it down themselves? They may be understanding as to the damage it is causing your property?*

If not, as your neighbour has modified his land resulting in the water run off, increasing the risk of damage to your property, there are grounds for you to take civil action. Your neighbour has an obligation to prevent or minimise the risk of foreseeable damage to other people's property.

If you are absolutely sure it is not natural water run off that is damaging your property and the damage is caused by the modifications your neighbour has made you could potentially have a case under the tort of nuisance against your neighbour. If you took the issue to court this could result in you being awarded damages or an injunction to your neighbour to take down what is causing the water damage.*

I would explain this to your neighbour if they do not cooperate as they may be more likely to rectify the situation is they think court action could be taken against them. If they still do not cooperate I would then consider taking the matter to court for an injunction. However, I would be wary to go onto their land and interfere with their property yourself.*

Hope this helps!*

[Seekjustice]

Is the Your wall and/or his wall with Copings, a party Wall or Party Fence Wall?