Neighbour has toilet on my wall!

Neighbour has toilet on my wall!

Postby assistanceplease » Mon Mar 27, 2017 6:59 pm

Hello,
I was wondering if anyone on here can help me with a query I have about my garden wall please?
I moved into this house about 1 and a half years ago and due to a conflict with my neighbour did a little research only to find that on the previous set of deeds I have noticed a T on my side of the dividing stone garden wall, can I then assume this is my wall? There is a L shape notch out of this wall which my neighbour have built up with a few rows of breeze blocks, attached a roof onto it making a little room and have a toilet attached to the garden wall on their side. This was already there when I moved in and have no idea how long it has been there, but now finding out that this wall may be mine~ is this allowed?.. or is there anything I can do to have this roof an toilet removed from the top and other side of this wall please. Any help would be very much appreciated.
Fay
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Re: Neighbour has toilet on my wall!

Postby MacadamB53 » Mon Mar 27, 2017 8:31 pm

Hi assistanceplease,

can I then assume this is my wall?

no

'T' marks on plans have no legal meaning unless they are referenced in the words of the conveyance/deed - in which case you'd probably not need to assume anything anyway since, hopefully, the words would clarify the situation.

Kind regards, Mac
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Re: Neighbour has toilet on my wall!

Postby assistanceplease » Mon Mar 27, 2017 10:08 pm

Hi Mac,
Many thanks for your response, unfortunately there is no wording to specify the owner of the wall, please then may you kindly tell me what the T marks do signify?
Also, if it is then a shared wall, is there a height restriction for this wall or perhaps I could have a right to light case?
many thanks,
Fay
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Re: Neighbour has toilet on my wall!

Postby MacadamB53 » Mon Mar 27, 2017 10:55 pm

Hi Fay,

forget the 'T' marks - the reason they were added to the plan is irrelevant if they're not referenced in the wording of the conveyance.

if the ownership of the wall is not referenced in his deeds either and he has no evidence to substantiate that it's his, it would be right to presume the wall straddles the boundary and therefore is partially stood on both properties.

from the photo I can't imagine it doesn't already have planning permission by virtue of the relevant GPDO - i.e. it qualifies as "Permitted Development".

whether the toilet inside has been installed to meet Building Control standards we could not know.

a "right to light" claim would be utterly futile IMHO.

the guttering and downpipe look to be trespassing in your airspace - that's your only angle - approx how long has this been in situ though?

Kind regards, Mac
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Re: Neighbour has toilet on my wall!

Postby SwitchRich » Tue Apr 04, 2017 1:41 pm

From your original posting this looks very much like... You've had a disagreement with your neighbour and are now looking for ways to cause them problems...
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Re: Neighbour has toilet on my wall!

Postby assistanceplease » Tue Apr 04, 2017 7:03 pm

Hi there, many thanks for your helpful advice. As I said, I recently saw the previous owners deeds and it shows the wall to be mine. No problem with the neighbours, just want to establish what I own and what can be attached to it.
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Re: Neighbour has toilet on my wall!

Postby mr sheen » Tue Apr 04, 2017 8:07 pm

Since the current situation predates your purchase of the property, it is unlikely that you can do anything about the neighbour's use of his own land, even if that choice includes having a toilet in an outside structure.

You bought your property 'as is'....ignorance is no defence, you had the option to investigate the property fully before purchase

What do you think you can do about a structure that has been there longer than you? Your neighbour can use his land however he wishes. The previous owner did not object or take action when the structure was built, hence the previous owner acquiesced to the wall height, the structure on the wall and you chose to buy as it currently exists, with the current situation and structure in place.

Best to get on with the important stuff in life as far as I can see.....
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Re: Neighbour has toilet on my wall!

Postby Collaborate » Wed Apr 05, 2017 7:32 am

Whether the neighbour had the consent of OP's predecessor might, depending on the facts, be irrelevant.

If the neighbour needs to claim an easement or adverse possession they will still need to prove 12 or 20 years user. The granting of an easement or transfer of land must be in writing, or else it fails.
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Re: Neighbour has toilet on my wall!

Postby mugwump » Wed Apr 05, 2017 9:44 am

Collaborate wrote:Whether the neighbour had the consent of OP's predecessor might, depending on the facts, be irrelevant.

If the neighbour needs to claim an easement or adverse possession they will still need to prove 12 or 20 years user. The granting of an easement or transfer of land must be in writing, or else it fails.

As i understand it, the position of the wall is not in question.

It is the ownership and additional height.
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Re: Neighbour has toilet on my wall!

Postby Collaborate » Thu Apr 06, 2017 11:22 am

mugwump wrote:
Collaborate wrote:Whether the neighbour had the consent of OP's predecessor might, depending on the facts, be irrelevant.

If the neighbour needs to claim an easement or adverse possession they will still need to prove 12 or 20 years user. The granting of an easement or transfer of land must be in writing, or else it fails.

As i understand it, the position of the wall is not in question.

It is the ownership and additional height.


I see what you mean, but I'm a little confused about that, as the question posed is whether OP can get the toilet, which is on the other side of the wall, removed, which would only be the case if they thought the land on the other side was theirs.
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Re: Neighbour has toilet on my wall!

Postby mugwump » Thu Apr 06, 2017 11:56 am

Or they didn't like the idea of a toilet the other side of a single thickness breeze block wall
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Re: Neighbour has toilet on my wall!

Postby Collaborate » Sat Apr 08, 2017 8:11 am

mugwump wrote:Or they didn't like the idea of a toilet the other side of a single thickness breeze block wall


If that's the question, then the answer is clearly what the neighbour seeks to put on their side of the wall is nothing to do with OP.
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Re: Neighbour has toilet on my wall!

Postby mugwump » Sat Apr 08, 2017 8:29 am

Collaborate wrote:
mugwump wrote:Or they didn't like the idea of a toilet the other side of a single thickness breeze block wall


If that's the question, then the answer is clearly what the neighbour seeks to put on their side of the wall is nothing to do with OP.

The question(s) are in the first post. Can they remove the roof and the additional bit of wall above the original because they have 'T' marks on the heir plan but not in their deeds.


Your first post on this thread seems to indicate that you didn't properly read the op
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Re: Neighbour has toilet on my wall!

Postby Collaborate » Sun Apr 09, 2017 11:23 pm

mugwump wrote:
Collaborate wrote:
mugwump wrote:Or they didn't like the idea of a toilet the other side of a single thickness breeze block wall


If that's the question, then the answer is clearly what the neighbour seeks to put on their side of the wall is nothing to do with OP.

The question(s) are in the first post. Can they remove the roof and the additional bit of wall above the original because they have 'T' marks on the heir plan but not in their deeds.


Your first post on this thread seems to indicate that you didn't properly read the op


or is there anything I can do to have this roof an toilet removed from the top and other side of this wall


I read that as wanting to remove the toilet from the other side of the wall. Assumed too that OP would only think that would be viable if they owned the land on the other side according to the deeds.
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