Do I have any rights in common law to force him to remove this wall? My external wall is in desperate need of repointing or rendering, but I can't now get at it to do this.
2007-03-28 07:37:24 · 6 answers · asked by Bill M 1 in Home & Garden ➔ Maintenance & Repairs
If he's on his property, you don't have many options.
Most properties have a "set back line" requirement that a property or encroachment not be built within "x" feet of the property line (but it sounds like your home would violate that as well).
I'm afraid you'll need an atty and I'm not sure there is a lot he can do for you.
2007-03-28 07:42:51 · answer #1 · answered by wizjp 7 · 1⤊ 1⤋
If you are in the UK, he can build the wall anywhere he wants on his land (up to certain heights) and you don't have the right to take it down or make him do it either..
However, you do have the right to access his land to gain access to maintain, repair, paint etc your property.
You cannot touch his wall and if you damage it, it will be deemed 'criminal damage'.
He should really have asked if there were anything you needed to do to the wall prior to building it, but then I am sure that this wall did not go up overnight and you could have asked him to cease building the wall until you had 'repointed' or 'rendered' it.
Six of one? He isn't gonna remove it now is he? I would be certain that I wouldn't move mine if you could have asked me to stop two days into the build rather than when the ridge cappings were on!
Your only hope is...
Has the wall been built to correct building procedures?
'Legal' height?
Could it possibly be on your land seeing that it is so close to your house?
Are there any covenants in place that prevent the building of a wall in this place?
Has he damaged any of the foundations to your house?
Best of luck. I have a feeling you are going to make each other really mad!
Prevention is better than cure and you may have to accept that you have got to lump it if you could have done something about this before it got to this stage...
2007-03-28 09:42:16 · answer #2 · answered by Anonymous · 1⤊ 0⤋
most all local codes do not allow anyone to build a wall within x feet of the property line..i would check to see if my locality had such a rule and then the people who enforce these rules will deall with them ...if there is no local rules about this then there is very little you can do
2007-03-28 09:28:44 · answer #3 · answered by Anonymous · 0⤊ 1⤋
check with your local government for the building codes. Both of your fences are close to the line, but, IF the code was changed AFTER your fence was built....it could be that your fence was "grandfathered" in but his is in violation. I would check, you might get lucky!?
2007-03-28 07:59:40 · answer #4 · answered by toothacres 5 · 1⤊ 0⤋
get in touch with your local building control office ..and ask them the question
2007-03-29 06:32:13 · answer #5 · answered by boy boy 7 · 0⤊ 0⤋
Didnt you notice how close it was when he was building it?
2007-03-28 07:48:31 · answer #6 · answered by shorty 6 · 1⤊ 1⤋