POSTS FOR LEAN TO ON OUR SIDE OF FENCE

POSTS FOR LEAN TO ON OUR SIDE OF FENCE

Postby 101010 » Thu Apr 14, 2005 7:21 pm

An elderly friend is on the verge of selling her house. The problem we have is that the buyers of her house won't give a completion date until some posts have been removed from her land.

The posts ( 2 only) have been put on her side of the fence by the current next door neighbour to support a sort of 'lean to' construction which covers the neighbours back yard.

The posts have been in place for possibly at least 10 years and verbal agreement was given at the time, basically because the neighbour is a nasty so and so and being elderly they didn't want any trouble.

The guttering on the side of the roof of the 'lean to' also slightly overlaps the boundary

The neighbour is not the sort of person you can reason with.

Does anybody have any advice on any rights we have in getting them to move the posts to their side of the fence and shortening the roof so as the guttering doesn't come over the boundary.
101010
 
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Postby despair » Thu Apr 14, 2005 7:46 pm

If they have been there at least 10 years things may be difficult
It becomes a question of whether or not they have adverse possesion

If they were originally given permission then its possible permission can be unilaterally withdrawn also

Quite what the result would be is a ?????

I guess it needs someone to offer to pay for the alterations and hope the miserable old so and so accepts .........if the sale is to go through without problems
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Postby Maverick.uk » Thu Apr 14, 2005 8:43 pm

Despair,

Adverse posession, not sure of your tac here explanation please.

If permission was sought and gained adverse posession cannot be claimed. Although i doubt you can claim it for what would normally be a trespass.

Regards

Mav
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Postby despair » Thu Apr 14, 2005 9:03 pm

I think this ? needs proper legal advice

If permission was given then i guess permission can now be unilaterally withdrawn
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Postby nigelrb » Fri Apr 15, 2005 12:04 am

Hello 101010

The fact an agreement was made 10 years ago does not give the neighbour carte blanche rights to your friend's land. The permission can be withdrawn as the owner pleases.

The size of the 'lean to' (which, incidentally, may be in contravention of planning laws) would obviously determine whether you can simply cut/remove the posts should your friends neighbour be in total disagreeance of their removal.
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