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Building attached to my gable end wall by neighbour

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  • Building attached to my gable end wall by neighbour

    I have recently inherited my late mother's house and I am in the process of selling it. the house is detached but the next door neighbour has attached a flat roof side extension to my wall. They have never had permission to do this and when it wet to planning I objected on my mother's behalf as I stated that this should not be attached to the house wall as she has not given permission and there i no agreement to this.
    Unfortunately my mother was in her 80s and I did not want to start a war with next door which could have caused her distress.
    Now the buyer wants this flat roof off the wall and he extension down. I am waiting to hear from my solicitor but it has taken so long to get the house sold and we are so close does anyone have any suggestions before I am forced to move in, start a cattery and goth/ hippie commune out of spite.
    TIA
    Tags: None

  • #2
    Full details of the extension really needed but assuming it is an extra room for your neighbours property and was erected some time ago, you may struggle to have it removed.
    The most common action is an injunction to stop the trespass, but this needs to be actioned without undue delay.
    Remedy for trespass is down to the court, who may order removal of the attached roof or may just award damages.

    There is also the possibility of suing for nuisance, especially as it appears to have resulted in actual depreciation of your property.

    If it is possible for your neighbour to build his own supporting wall for his roof, the court may order that as a remedy.

    Comment


    • #3
      The extension is actually a utility area, basically the space between their house and my house from the gate to the back garden to the back of my wall. Before the flat roof it was jut corrugated acrylic roofing (which it still is on he original bit) and the flat roof was added when they got planning for a rear extension. However the council did say that nothing would be attached to my house following a letter of objection to the planning department about the whole extension. this utility area is basically an overgrown lean to

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      • #4
        In that case a letter to enforcement officer of planning dept.,

        Trespass might be difficult if the extension has been up for a long time, so an action for nuisance is probably the way to go

        Comment

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