• Neigbour Build Trespass

    By Guest on 10th Nov 2014

    our neighbour built over our boundary onto a wall that held our conservatory roof up. They then built ontop of the wall over our listed building without issing notice getting owners consent lying to council during planning application and not signinging the application. They are tresspassing onto our land and they want us to not put an indemnity clause into our deeds which means they accept responsibility in the future for this wall whic is on our land but encased in their extension. Listed buildings say we shoud ask for them to put an indemnity clause into our deeds which acknowledges the breach of covenant but would protect our property in the future if there was any problems caused by our neighbours decision.

  • 1 Answers

    By Guest on 05/01/2015


    If you are not happy about the encroachment then you can force them to remove the structure by taking a civil action for trespass. You would need to instruct a solicitor specialising in property litigation. If you are ok for it to remain you should get the neighbour to enter into a deed of covenant in which they covenant to maintain the structure they have built as well as bearing the cost of any damage caused to your property. You should place a restriction on the neighbour's title so that future owners have to enter into a similar covenant with you.

    You should also insist that they apply for and obtain retrospective listed buildings consent.

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