Neighbour has drilled into my brick-built lounge extension.

[Colt63]

Hello to you all, I am a new member, this is my first post here, and I hope somebody can offer advice please.

My next door neighbour has drilled into my brick-built lounge extension and attached some metal fixings. I would like to find out how I stand on this situation, without initially going straight to a solicitor/legal advisor first, and potentially costing me lots money from the off! Would I be correct in assuming that the best category in which to place my initial thread would be in the Housing, Property And Neighbours section?

Many thanks!

[paulajayne]

Whose side of the boundary is the wall on?

[des8]

Just keep to this thread.. it will be found!

Can you give us more details eg position of wall relative to boundary line and depth of drillings and what has been attached?

[Colt63]

Thanks for the replies, I will add some detail and keep the thread in this section if that is ok then?

I live in a semi-detached bungalow and have a brick-built lounge extension on my property (extension was built several years before I bought the property). My immediate neighbour adjoining my bungalow does NOT have a lounge extension. One side of my brick lounge extension essentially lays along our boundaries, in essence that wall is the boundary itself, and the rest of the boundary is a wooden fence, from the end of my lounge extension to the far end of our gardens.

Recently my neighbour has drilled holes into the external brick face of my lounge boundary wall, (I did NOT give permission for this, nor did he ask me for my permission) at a height of approx 2.5m (8 feet?) and screwed in metal fixings.

Basically, can I insist that he removes the fixings that he attached to my external lounge extension wall? I do not get on with this said neighbour, and what course of action do I have if he refuses to remove those fixings if I ask him to? Or if he becomes abusive?

Hope I have explained things in a way that is easily understood!

Many thanks.

[des8]

Assuming the wall is entirely on your land and only abuts the boundary, your neighbours are not entitled to drill and insert fixings there and are liable for any damage caused.
You could insist they remove the fixings and make good any damage.
If they refuse to comply with your polite request you have a practical problem in that unless the holes have destabilised the wall and caused massive damage the remedy of applying to court and suing for the minimal damage is not economically viable for you .

[Colt63]

Thanks for the reply.

The wall is on my land, essentially only the outer face of brickwork touches the boundary, it does not cross it at all.

As such, I can only assume that no structural damage has been caused (hopefully!) but it is a cavity wall, maybe there could be concerns on my part regarding moisture or dampness getting into the void, depending on how deep the holes they have made are into the brickwork.

Also, how would I stand if I were able to physically remove the metal fixings myself? I may be able to remove one of them, maybe two of them, by reaching across and unscrewing them, would I be liable for trespass in that instance?

Or alternatively I could cut the fixings off with bolt-croppers, would I then be liable for causing criminal damage though? If I would be liable for criminal damage, could the same allegation be levelled at him, for drilling into and damaging my lounge wall (ie: my property) without my consent or permission?

[des8]

If you lean across to unscrew them you are trespassing (and what would you do to fill the holes?)
If you damage his fixings that could be classed as criminal damage (but I can't see the police being impressed if called out over it)

And yes he has trespassed and caused damage to your property, but that will not act as a defence if you retaliate by taking unilateral action

Assuming your extension is built with 4" bricks it is highly unlikely that any real damage has been done.

Appreciate you and neighbour aren't best buddies, but really this is such a minor matter you should be able to settle it with a chat over the garden fence
(when the weather warms up)

[Colt63]

Again, thanks for the reply.

I had a feeling that any of the actions that I have suggested would be classed as trespass or criminal damage, the reason that I asked to be honest.

A chat over the garden fence is VERY unlikely. (warm weather or not!).

If this were an isolated incident I would agree with you and say that it is minor, but there are previous 'conflicts'.

[des8]

If it really comes to the crunch, and his misbehaviour continues you could write a very clear, no nonsense letter to your neighbour stating:
1. Exactly what behaviour you are complaining about;
2. That the behaviour complained of must stop immediately
3. That you require the eyelets removed and the holes in the wall made good
4 That if he refuses to stop behaving in that fashion, and does not remove the eyelets etc you intend to apply for an injunction forbidding him continuing the behaviour and an order that he remove the eyelets etc
5. That your claim will include a claim for court fees and costs.
However court comes with a cost, both monetary and stress, and should be seen as a last resort and not used as an empty threat

[Colt63]

Thank you for the prompt response, I will certainly take your suggestions onboard.

[islandgirl]

some discreet cctv around your car and garden may be a good move (just in case)!

[Colt63]

With the New Year upon us, a potential development in the situation could have surfaced.

Said neighbour has now stacked various building materials in his garden, next to my brick lounge extension wall. Including some roofing material, various lengths of thick wooden posts, batten-type lengths of wood, some paving slabs etc, etc. I have no proof of his precise intentions with all of this material, of course, but there could well be the possibility of him now starting to build 'something' and maybe using my brick wall as some kind of support or attachment point for it. Maybe a frame of some kind, supported roof of some description, pergola, maybe? Who knows.....

Presumably if he does start attaching things to my wall for any building intention of this kind (obviously it is a big 'if' at the moment) I would be fully within my rights to insist that he fixes nothing to my wall, and state that if he did I would be entitled to threaten legal action.

This could get interesting .... for all the wrong reasons.

[des8]

Wait and see!