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Newbie Looking For Advice

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#1 mrfenfen


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Posted 26 April 2016 - 03:55 PM

Hello everyone,

I am hoping that someone might know the answer. I had recent neighbour dispute regarding them encroaching on our garden. My previous owner had built a garden wall inside our property and the next door neighbour then decided to deck up to the wall after removing their boundary fence. The wall size was 1.5 m inside my land and 5m long, after a considerable mount of arguing I located their kitchen extension planning permission which they had presented to the council online and had marked out the boundary and my wall as separate. Once they conceded this I knocked the wall down they had fence fitted along correct boundary.

Now they have attached a wooden roof structure to the fence which rests on their fence but overhangs my garden by 0.5m this has a bamboo and green plastic ground sheet across the structure presumably to make the roof water proof.

Legally where do I stand they are particularly aggressive verbally considering she is a registered child minder, I just want the over hang removed so I can use this area for BBQ as its the only paved area away from the house and conservatory. If I approach them then the result will be instant argument again.

#2 notnickclegg


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Posted 26 April 2016 - 03:57 PM

I really feel for you. I can't understand why people need to be such prats, and it's made many times worse because it relates to your home.

Hopefully someone will be along to advise you soon.


#3 HerbJ



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Posted 26 April 2016 - 04:51 PM

Legally, this is a trespass on your property.

The best way to resolve is by talking to your neighbour and requesting that he removes the overhang. Do not attempt to remove the overhang yourself because if by removing overhanging structure you damage it or the fence the neighbour could bring a claim against you for trespass.

Useful link http://www.inbrief.c...aw/trespass.htm