Unauthorised building on your property

[ikearns]

This seems to be a topic that I am repeatedly involved in!!!

A very close friend of mine has returned from a month working abroad to find that their neighbour has actually built an outbuilding which breaches the boundaries of their property and onto the garden of my friend.

How they thought they would get away with it I dont know as we are not talking about single figure inches here - it is over a foot and they have also removed fencing to do it.

I presume as this is a civil matter then the courts is the only option?

The outbuilding would not have required planning permission and the neighbour isnt willing to entertain the idea of moving the building as they claim the brick construction 'provides a secure boundary'!

Does a landowner have a right to remove something if it is unlawfully on their property - in short I believe it may result in notice being given that my friend intends to demolish the building or can that only be done after court action??

 

[tony1851]

Whatever else, your friend must NOT demolish the overlapping part of the building, either with or without giving notice, otherwise he will face a prosecution for criminal damage and will end up with a criminal record.

The correct procedure is to apply to the County Court for an injunction to have the tespassing part removed.

HOWEVER, an injunction is a discretionary remedy, and a judge is not bound to give it. The judge will consider the costs to the neighbour in re-building the wall further back, as against the loss to your friend of 12" of garden.

Most likely, the judge would consider that your friend's loss would not equate to the cost of re-building the wall further back. In that case, the likely outcome would be an award of damages, with costs, and the extension would stay as it is.

 

[HERTS P&D]

I know what I would be doing.........and it would involve a sledge hammer.

Andy

 

[ikearns]

So it comes down to value and cost to the person who has intently broke the law as opposed to the legal rights of the property owner.

My mate has taken a few photos as the weather was good yesterday and you look down the fence line and the the building sticks out like a sore thumb onto his property.

The wounder is that he was looking at moving this year, cant see that happening with this going on!

 

[ikearns]

I know what I would be doing.........and it would involve a sledge hammer.

Andy

He was nearly at that point yesterday!!

 

[tony1851]

I know what I would be doing.........and it would involve a sledge hammer.

Andy

Yes, and that's a perfectly understandable reaction. But is it worth a criminal record???

 

[tony1851]

So it comes down to value and cost to the person who has intently broke the law as opposed to the legal rights of the property owner.

Unfortunately, it almost certainly would; the law rarely takes matters of principle into account in situations like this.

(But I agree that it is outrageous for someone to effectively steal 12" of garden).

 

[ikearns]

He is checking today to see if there are any proper foundations or footings under the protruding section cause if not then the structure may not be completely safe.

It does look a reasonable job as built in new brick with a part wooden frame - I just cant believe they have clearly stepped over onto property which isnt theirs!

 

[ikearns]

Unfortunately, it almost certainly would; the law rarely takes matters of principle into account in situations like this.

(But I agree that it is outrageous for someone to effectively steal 12" of garden).

It would like be more than 12" if they have dug proper concrete footings as that would need another 6 inches from the brick. We didnt check yesterday but mate is hoping to get a builder friend around today to scope it out.

 

[TheVictorian]

Any photos?

 

[ikearns]

Any photos?

There are loads as we were busy yesterday but the issue is he doesnt want to do anything which may have ramifications further on hence we managed to talk him out of emotively reacting yesterday with power tools and a sledge hammer.

 

[HERTS P&D]

Tell your mate to go on holiday and hire some 'cash' builders who will knock it down.

When your mate comes back he will have no knowledge of what has happened.

Andy

 

[ikearns]

Tell your mate to go on holiday and hire some 'cash' builders who will knock it down.

When your mate comes back he will have no knowledge of what has happened.

Andy

Whats your daily rate Andy

 

[tony1851]

Tell your mate to go on holiday and hire some 'cash' builders who will knock it down.

When your mate comes back he will have no knowledge of what has happened.

Andy

The cash builders won't do it because they would be arrested for criminal damage.

The police are not fools and will know exactly how this has come about, because strangers don't ordinarily walk into somone's rear garden and start to demolish a wall which is partly in the next garden.

One of those arrestd will then squeal, in the hope of gtting off with a lighter penalty, and the OPs friend will end up being charged with something like incitement to cause criminal damage.

 

[rjm2k]

What about the damage to the fence, who owned that?