It would be an interesting case for you to be able to convince any Court that a red line on a map of your property effectively was so finely drawn that your neighbour has already trespassed on your property. Or are you saying that if it were 50mm that would be ok or 75 ..or what? Or are you in effect saying that the boundary wall is aligned to side of house and therefore all the passage is in fact yours?
we live in an estate of detached bungalows all of which were built to the same design back in the '60s.
in each case the passage to the right of the house is only accessible from the garden in front of that house and is bounded on the right hand side by the external wall of the detached house to the right.
so, yes the passage is ours and this is the case for all other houses in the estate.
Also the previous owner may have consented.
that could be the case.
would any such consent still be valid even if undocumented (as nothing was mentioned, discovered or noted during conveyancing)?
The fact that it is fragile is not your problem and so long as you were not either causing criminal damage with a hammer or were totally negligent I don't see liability arising. Start with the idea of getting it removed and I say good luck to you.
it would be good news if we not going to be liable from damage arising from normal use of the passage.
however, the passage is our only route to the back garden and sheds so bins/kids/toys/bikes etc. will all be going back and forth on a daily basis. based on the damage so far, it is inevitable that their ewi render will be destroyed over time and I dread what will happen when we are blamed as new damage occurs.
Where are you coming from on planning? I am not sure that this type of insulation requires any planning.
they went through the planning process and the plans did not have any mention of extending the house 6 inches into the laneway.
the first condition of their planning permission was that the development be completed in its entirety in accordance with their plans.
so, in theory, i thought that we could contact the enforcement section of the council in question to report a un-authorized development.
however, i suspect they would tell me that it was a civil matter.
thanks for your help,
crol