Right of overhang. Soffits, etc

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Right of overhang. Soffits, etc

Postby richyhop » Mon Jul 03, 2006 10:54 pm

I built an extension to my property 7 years ago (In Wales). My attached garage was on the boundary with an overhanging soffit to the neighbours land. The house was built like this originally and the title deeds state a right of overhang.

I as part of the extension I removed the garage and built a 2 storey extension also with an overhanging soffit. Obviously with full planning. Before the plans were submitted I discussed them with my neighbour, partly as a courtesy but mainly because I needed to put the scaffolding on his land. Planning was given without objection.

Now 7 years later the same neighbour has planning approval for his own extension. It was approved after amendments as a result of mine and other objections due to its size and not being in keeping with the other properties.

Now, I guess as a way of getting back at me for my objections, he has given me written notice of possible legal action if the overhands aren’t removed, as they are trespassing his property….

The only time he has mentioned the overhang was during my objection to his plans and again recently prior to his letter. His argument is that he never agreed it and my right of overhang only covered my property prior to the extension. (advise from his solicitor)

My solicitor confirms that I have right of overhang with this property and any subsequent building within 80 years of the original deed transfer. Also any court would deem as a malicious action after no objection or mention for 7 years.

My question is (finally).. Who is correct? My neighbour is not willing for any compromise other than my full compliance with his demands. I have no intention of going to the expense of removing anything but will happily defend my position.

Any advise welcome. Sorry for the length of the post.

Thanks
Richyhop
richyhop
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