What do you do when your neighbour builds on your property?

If your neighbour builds on your property, confirm boundaries and try resolving it through discussion. If unresolved, legal action like an injunction or compensation may be needed to protect your rights.

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What to Do When Your Neighbour Builds on Your Property: A Step-by-Step Guide

If your neighbor builds on your property without permission, it’s crucial to address the issue promptly to protect your legal rights. The first step is to verify the property boundaries by reviewing your land deeds or consulting a professional land surveyor. This will confirm whether your neighbour has encroached on your land. Once you have clear evidence, try to resolve the issue through a polite conversation with your neighbour.

Often, boundary disputes can be settled amicably if both parties communicate openly. If a resolution isn’t possible, you may need to send a formal letter outlining the encroachment and requesting that the structure be removed or the boundary respected.

If the issue remains unresolved, legal action may be necessary. You can seek advice from a solicitor who specialises in property law to explore your options, which could include serving an injunction to stop further construction or taking your neighbour to court to have the structure removed. Depending on the severity of the encroachment, compensation may also be an option.

It’s important to act quickly, as failing to address the issue promptly could weaken your case, especially if the structure has been in place for an extended period. Mediation is another option to consider before resorting to court, as it can help both parties come to a fair agreement without the expense and stress of legal proceedings.

Director

Laurence Murrin BA (Hons) MRICS MFPWS

Director

Laurence Murrin BA (Hons) MRICS MFPWS

Director

Chris Belton BSc (Hons) MRICS

Director

Chris Belton BSc (Hons) MRICS

Director

Dan Griggs BSc (Hons) MRICS

Director

Dan Griggs BSc (Hons) MRICS

Director

Joe Bennett BSc (Hons) MRICS

Director

Joe Bennett BSc (Hons) MRICS

You are undertaking building works

  • Check whether the Party Wall etc Act 1996 applies to your project
  • Talk to your neighbours early, before serving Notice about your work. Keeping your Adjoining Owners (neighbours) informed
  • Make sure your Notice is served properly, or else it will be invalid
  • Serve Notice with plenty of time
  • Don’t be tempted to start work until you have an agreement / Party Wall Award in place.

Received a Party Wall Notice? - We can help

  • Most Adjoining Owners worry that their property will be damaged by the building works.
  • Our role is to try and ensure that this does not happen by looking in detail at the proposals and designs and arranging proper working methods.
  • Adjoining Owners are entitled to have their surveyor’s reasonable fees paid by the Building Owner.
  • The fees must be both reasonable and justifiable.

Benefits of Hiring a Party Wall Surveyor

Engaging with a Party Wall Surveyor allows you to:

  • Prevent delays getting agreements in place
  • Receive expert advice
  • Prevent legal disputes
  • Record the condition of neighbours’ property prior to the works – preventing claims for damage

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