On Fri, 04 Mar 2005 20:01:59 GMT, Lobster
wrote:

Mike Taylor wrote:
Your BCO was wrong
Your neighbour can only build on his side of the boundary and for technical
purposes the boundary goes vertically down and up form the ground. The
foundations have to be on his property so does any overhang, gutters, tiles,
window catches etc. You need to go backto your BCO and check the plans of
your neighbour's extension then talk to the BCO.

I agree entirely; but surely this is a Planning issue, nothing to do
with Building Control?

It is a 'trespass' issue which you have to handle yourself and may
also be a planning issue in that planning consent may be required for
the encroaching extensions and depending on planning laws, the Council
may not be permitted to give consent for such a trespassing item
unless the other owner agrees. Hence you may be able to get the
council to deny the consent. However you may also need to take action
yourself.

The property owner owns the air space and the space underneath the
ground, although many laws allow ocupancy by others e.g. aeroplanes
flying over. A neighbour also has temporary access rights (AFAIK) for
boundary wall maintenance. There may also be 'party wall' agreements
which should be part of title deeds.

Having said that, if your neighbour encroaches on your air space he is
potentially in big trouble, especially if he has been warned. Your
remedy is to require the encroachments to be removed. If there has
been an encroachment for decades (especially where both properties
have changed hands in the meantime), it may be that as a matter of
Equity - a Court may adjust the boundary.

The first thing to do is to advise the neighbour in writing that you
consider his extensions will encroach and hence be a trespass - send
by registered mail or personally deliver it (with a friend). Ask for
an acknowledgement that there will be no encroachment.

If no acknowledgement, bite the bullet on money and get a solicitor to
send a similar letter - it will be money well worth spent. I won't
mention the next stage, I doubt it will be necessary.