My neighbour has made a roof shelter attachment in their garden. Without asking us, they've drilled holes into our brick to use our house wall as their shelter's structural support.
To our neighbour, it's just a garden wall but for us it's the exterior wall of our house and we are extremely worried it will result in structural and dampness issues. What makes it worse is that roof shelter is right against the wall and slanted down towards our wall, meaning when it rains it's definitely going to run down and into our brick. The water might also get into the holes they made.
Although the wall marks out the boundary between the properties, I'm pretty sure the wall completely belongs to us and is not a shared wall. I mean, the wall is part of our house! It doesn't mark sense that part of our house would belong to our neighbour.
I've checked our property title. We're "Fee Simple - 1/3 share", Leasehold - 999 years commencing
In the notes it says:
Which I interpret to mean that the boundary is the face of the wall they drilled in. Therefore, that wall is completely within our boundary and should belong us completely. By drilling into our wall they are trespassing and we have every right to tell them to remove from our wall and fix up the holes and damage.
I want to check that my interpretation of the property title is correct and get my facts right before I tell the neighbour that the wall belongs to us and they have to get their shelter off our wall.
Thank you
To our neighbour, it's just a garden wall but for us it's the exterior wall of our house and we are extremely worried it will result in structural and dampness issues. What makes it worse is that roof shelter is right against the wall and slanted down towards our wall, meaning when it rains it's definitely going to run down and into our brick. The water might also get into the holes they made.
Although the wall marks out the boundary between the properties, I'm pretty sure the wall completely belongs to us and is not a shared wall. I mean, the wall is part of our house! It doesn't mark sense that part of our house would belong to our neighbour.
I've checked our property title. We're "Fee Simple - 1/3 share", Leasehold - 999 years commencing
In the notes it says:
"Boundaries of areas to be leased are the external faces of exterior walls or structures unless shown otherwise."
Which I interpret to mean that the boundary is the face of the wall they drilled in. Therefore, that wall is completely within our boundary and should belong us completely. By drilling into our wall they are trespassing and we have every right to tell them to remove from our wall and fix up the holes and damage.
I want to check that my interpretation of the property title is correct and get my facts right before I tell the neighbour that the wall belongs to us and they have to get their shelter off our wall.
Thank you
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