Boundary Line

[SCRAPS131]

21 months ago my neighbour built up in height on our Party Wall between our 2 garages and used the entire party wall, encroaching over the Boundary line. He also cut inside my asbestos garage roof using a disc cutter. My garage was, and still is completely covered in asbestos fibres. Rain can get into my garage as much as the asbestos fibres are escaping out into the atmosphere. Everything in my garage has to be disposed of by a specialist company and the garage cleaned. I have a large gap along the whole length of my garage roof where daylight can be seen. This matter has been in the hands of my solicitor for this time, he had been given a month to obtain a quote from a reputable builder to remove his new construction, 9 weeks later he has still not done anything. He also put up new fascia and lead flashing attaching this over my garage roof. Can I now get builder to remove his structures over my roof as I can see this going on for many more months. My neighbour does not speak to me now when this has all been through his negligence . He did not have Building Regs either. At the beginning he tried to charge me £3000 to have my roof renewed, when quotes I have now had to obtain have only been half of this amount. This was all done without my consent and while I was at work!!!!

 

[TonyW2]

Seems that you have got "right" on your side, but your problems will come when you need to get the cash out of your neighbour.
Make sure that they have actually got equity in the property or funds that you could get hold of via a court.
Could be messy and as you already have a solicitor involved, discuss the likely costs and likely real outcome with him/her.

 

[HERTS P&D]

I have on 2 occasions where the neighbours (at my mother's house) have put up a fence on my mother's boundary line. I went round and asked the neighbour to move the fence within 48hrs, he told me that the builder put it up and he has not done anything wrong. I went into the garden and took the fence down, within 1/2 an hour the builder turned up. I told the builder and neighbour in no uncertain terms that unless it is put in the correct line of the building then I will take it down.

It was refitted correctly.

This has happened twice with 2 different neighbours.

Andy

 

[Andrewmudge]

Any item of yours damaged is criminal damage end of. Any point of your neighbours property overhanging the boundary line can be removed as it in your property end of. However obtaining the correct boundary line can be a very difficult task. You are best leaving this with a solicitor, if what you say are correct you can recuperate your costs from him.

 

[scraps]

Any item of yours damaged is criminal damage end of. Any point of your neighbours property overhanging the boundary line can be removed as it in your property end of. However obtaining the correct boundary line can be a very difficult task. You are best leaving this with a solicitor, if what you say are correct you can recuperate your costs from him.

Thanks for the reply, it is now 4 months later, they have taken down some of the encroachment but I am still waiting for them to remove the rest. Now with the heavy rains my garage is flooded and there are live electrics within that I cannot isolate. I have informed my Solicitor of all this but nothing seems to be done. Last Friday I got the Ombudsman involved as I feel over 2 years is long enough to wait for this to be rectified, my neighbour needs to be taken to court but it never seems to happen. Thanks anyway for the reply

 

[TonyW2]

Who is paying your solicitor? The solicitor should do what they are instructed to do, having advised you of the available options and costs/risks.
Have you got any legal cost insurance?
Could your property insurers act, as your property has been damaged?

 

[^woody^]

Any item of yours damaged is criminal damage end of. Any point of your neighbours property overhanging the boundary line can be removed as it in your property

The former may not be. The later definitely would be.

The OP needs to follow his legal representatives' advice and follow a certain process.

However it has not been mentioned whether the advisor has discussed pursuing a Statutory Nuisance claim via the local council for the asbestos fibres and other aspects? Or why action has not been pursued via the various control of asbestos regulations