Document Actions
Our neighbour has built an extension and now the eaves and guttering are overhanging our boundary by approximately 1ft. Is there anything we can do legally?
Our neighbour has built an extension and now the eaves and guttering are overhanging our boundary by approximately 1ft whereas there was no overhang previously. He didn't say the boundary was going to change hence we were never consulted, in addition it is not mentioned on the plans he submitted to the planning dept. I'm objecting to it for two reasons:- 1. The gap between the front of our houses is only approximately 3ft and now it has been narrowed by 1ft which doesn't look good aesthetically; 2. I don't know if it will cause us any problems when we come to sell. It is currently with the planning department but I just get the feeling they'll let it slide, if that is the case is there anything we could do legally to get it changed?
The first issue that occurs to us is whether any easements i.e. legal rights exist for the owners of the adjoining property to allow their eaves/gutters to overhang the boundary. If, as you say, there was no previous overhang then it may well be that no rights were originally granted to the owners of the adjoining property when the land was first sold.
Subject to inspecting both sets of title deeds it may well be that the eaves and gutters which overhang the boundary constitute trespass into your air space in which circumstances there may be a course of action against your neighbours in this regard.
The only possible concerns that we have in this regard is that once you became aware of the intrusion into your title steps should have been taken to call for the works to cease.
However we would suggest that if you require further advice in this regard you contact us again requesting that the matter be directed to our litigation department.
We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance.
It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need free advice on any other legal question.
Please come back to us if you have any other legal matter we can assist with in future.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
