Neighbours builder cut into our property despite being denied permission

[arpo]

Apologies if this the wrong section.

Out neighbour wanted to widen their side passage and their builder asked if he could cut out a sizeable corner of our decking (about 1m square) and also cut back the fence about 1m to enable this.

There had been no prior discussion - this was just the builder asking as I left the house.

Unsurprisingly I said no but would be back later and listen more then.

When I returned, they had gone ahead and done it.

Can anyone advise of my legal remedies?

I would think police, council and solicitor would be the first thing!!!

I'd contact your insurance company if you have legal aid?

I'd do this.

When you say “cut into”, are you saying they have built a permanent structure within your boundary on a property you are the registered landowner for? Have you confirmed against your deeds that this is inside or on the boundary?

if so, wtf. I’d be first marching round to my neighbours to say they need to remove it and restore boundary fence/wall/hedge immediately. By tomorrow at latest. If they fail to do this you will take it down yourselves with a builder of your choice and charge back to them going via small claims court if needed.

I can’t believe anyone would be as stupid to do that and even more stupid to get builder to discuss their dirty work for them.

if it provides no inconvenience for you , you may decide to sell the land. But that would involve both properties re- registration of deeds with newly defined boundaries mapped accurately. Costly and time consuming.

if you fail to protect your boundaries or make it legal you will never be able to sell your property- it’ll be spotted straightaway by a conveyancing solicitor and purchaser unless they’re blind.

Yep, I'd be removing anything off my land pronto with a sledgehammer.

And then I'd issue a letter before action to claim restitution for the damage.

Make sure you take photos this morning.

This is only the start of encroachment! Lock up your house quick.

Anyway the main issue is.. is it YOUR land that they built into? If so, off to court with you or whatever redress is available, and immediately.

Oh and another thing, how did they propose to "widen the passage"? Was encroaching your side just a means of access? Then presumably they will make good your side and leave you with the same land as you had before.

Criminal damage surely? Ring the police for advice.

They have built onto land you definitely own?! I’d give them 24 hours to remove it then I’d be removing it myself and speaking to my lawyer.

You sure you own the land?

That really is poor behaviour although I'm not clear about whether this is permanent, or to facilitate work. A photo or diagram would be useful.

First thing is to inform your neighbour that you didn't agree and it was carried out without your agreement and needs reinstating immediately. They may not be aware you didn't agree so make them aware and give them a short window to make it right. If they aren't there I would put it in writing to them.

And good point from @Gazelda - take photos and wrote down everything that happens with times and dates.

I'd be calling the police!

This is bad. Hope you get it resolved quickly OP.

Have you spoken to your neighbour about any of this in advance of works commencing ?

My immediate thought was also criminal damage.

The first course of action though is to speak to the neighbour and get them to get the builder to make it good, pronto.

I'd also be tempted to report the builder anyway - try and find out if they are on check a trade or part of a trade association and report what they have done to them. Unlikely as they sound like completely cowboys but just a thought.

My neighbours tried to do similar, they wanted us to remove our trees to enable them to move the adjoining fence further into our garden allowing them some of our land to extend their property! There was no asking either they just knocked and said we need you to move your fence. Of course we said no, dug out our plans/boundary docs and got on to the planning department who then discovered the neighbours had started building works without planning permission! I was also ready to get a solicitor involved too.

Get on to your home insurance company asap. Take photos. Make sure they don't do any more work.

take photos and call the police.

Blooody hell! The bare faces cheek of some people astounds me!

Get photos. Call the police

I would post this on the Garden Law forum.

Is the boundary disputed? Is this why they have done this?

It is criminal damage to do this without your agreement.

Do you mean they came onto your property, and used a chainsaw/saw to cut off the corner of your wooden decking??? Is the decking solely on YOUR land?

Take photos/videos, write down conversations and call police.