Unauthorised building on your property

[HERTS P&D]

Tony would you let someone build on your land only for a judge to say that its ok and will stay?

Andy

 

[HERTS P&D]

I would be saying to the neighbour, "You move it or I will"

Andy

 

[ikearns]

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

Good point hadnt even thought of that - I will ask. From what I have just been told it looks like the neighbour isnt even there today and the house on the other side has said that the neighbour was talking about putting the house on the market this week. Which makes the question of why the outbuilding was built more puzzling.

 

[ikearns]

I would be saying to the neighbour, "You move it or I will"

Andy

I think that is what my friend intended on doing today in the means of a letter but apparently he has been told by the house on the other side that the person has gone "away" - not sure if that means just today, or for a week or longer!!

 

[rjm2k]

Having an outstanding legal dispute is hardly make it easy to sell a property!

Maybe your friend should start charging rent!

One thing to consider is whether or not the buildings insurance has legal cover for this.

 

[ikearns]

Local radio have been interested and they have asked him if willing to go on air! One of the local Derby stations not sure which one.

 

[loply]

Personally, I would immediately demolish the offending part of it, before the neighbor even gets the idea there's a hope they'll get away with it.

Tell the police you were round the pub telling all your mates about it and everybody and anybody was up in arms saying it should get demolished.

What-do-ya-know it's come down and nobody will own up to it.

 

[rjm2k]

I suppose another option is for your friend to move the remainder of their fence a couple of meters into the neighbours garden, what's good for the goose!

 

[tony1851]

Tony would you let someone build on your land only for a judge to say that its ok and will stay?

Andy

No; the problem here is that the OP's friend was away for a month and did not see the work going up. Had he been present when it was being built, he could have applied for an injunction to stop the work, as soon as he saw that it was going on to his patch.

I'm only acting as devil's advocate here, but fully sympathise with the OPs mate. But only repeating what I've seen for myself on occasions over a number of years.

If I was in that position, I would ask the neighbour to take it down - obviously they won't - then negotiate for some compensation - which they won't entertain - and then apply to the court for the injunction. I wouldn't get it, but would claim some compensation for the loss of ground, and also costs.

If it could be shown that the neighbour built this extension slyly - ie knowing that the owner was away, it would not go down well in court. Whilst an injunction is discretionary, the courts takee previous behaviour into account, and that might possiblly help him. But it's alway a gamble in court.

FWIW my guess is that this won't get to court.

 

[HERTS P&D]

Also tell your mate to fill his front garden with an old sofa and fridge, lets see how fast the neighbour sells his house now.

Andy

 

[ikearns]

No; the problem here is that the OP's friend was away for a month and did not see the work going up. Had he been present when it was being built, he could have applied for an injunction to stop the work, as soon as he saw that it was going on to his patch.

That's exactly what everyone has said. Even if someone had given him the nod that it was going on then I would have been able to go over and look at it but it would appear that this has happened BECAUSE my mate wasnt there to object.

 

[HERTS P&D]

KNOCK IT DOWN, KNOCK IT DOWN, KNOCK IT DOWN!!!

Andy

 

[dhutch]

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).

Surely a Judge cannot place a value on the area of stolen land. It will have a market value, but if it significant importance to the owner, the OPs friend, that could increase the price with not real boundary.

Daniel

 

[loply]

I suppose another option is for your friend to move the remainder of their fence a couple of meters into the neighbours garden, what's good for the goose!

I like your thinking.

Go a step further - have your friend haphazardly extend this outhouse with breeze blocks 10 feet into the neighbors garden, with the door on your friends side.

When the neighbors tell him to knock it down, the obvious negotiation point follows

 

[tony1851]

KNOCK IT DOWN, KNOCK IT DOWN, KNOCK IT DOWN!!!

Andy

CRIMINAL RECORD, CRIMINAL RECORD, CRIMINAL RECORD!!!