Thursday, November 24, 2011

Can our neighbours knock down our wall and trespass on our property to do it, with no notice or permission?

Our neighbours have completely demolished our shared brick garden wall at the back of our property, without notice, discussion or permission, and they trespassed on our property to do it. They claimed it was dangerous, and was falling down. This was not true, although the wall was old. ( Our property is owned by a Housing Association, and there are 8 communal flats.) They then used the open space to trespass regularly to and fro, mixing cement in our back yard, and doing renovation work in our back garden, to repair the rear wall of their shed, which also appeared unnecessary. They replaced the brick wall with a wooden fence, with the fence posts on our side, again without notice, discussion or consent. Who owns the new wall, and can we remove and replace it with a brick one ? Have they broken any laws, and if so, which ones ? What action can we as Residents or the Housing Association take, against them ? Their house is privately owned.|||The property you are in is owned by a housing association, report the matter to them. The boundary must be respected, and this will be detailed with the Land Registry. Stealing land must be rectified. If the wall was part of the property belonging to the association, it should be replaced by the person who demolished it, in its original position. I am sure the association would like to know about this, so tell them as quickly as possible so they can take action.|||Your going to have to consult your housing association on this one, because as you know when you sign into a community like this you sign away a lot of your rights. In any other situation you could get your neighbors for trespassing and destruction of private property. First go to the association and get the neighborhood rules in writing then consult a lawyer.





I'm sorry your neighbors didn't show common decentcy and plan changes with you. Good Luck|||If the wall was shared then it was a party fence wall and they should have consulted you and you in turn would then alert the housing association. I would alert them immediately. They had no right to demolish the wall or trespass on your property without your consent and under common law they can and will be prosecuted.|||do you have board of directors in the association? do you have by laws of the association, that is very impotant in solving disputes. it is also advisable to consult a lawyer for the case. if you want to make it very personal you can approach the owner and discuss it as gentlemen.|||inform the housing association, it's their property, their wall, they may have given permission without telling you (which they should have done). the housing association should send their surveyor to inspect the fence, property and take any action against the neighbours/builders.|||You can get free legal advice form the citizens advice bureau


http://www.citizensadvice.org.uk/cabdir.…|||Don't get in fights with your neighbors. Since the land belongs to the association report it to them.|||Get on to your local councils planning department and ask them they'll be able to give you all the info you need .

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