August 31, 2018
You are entitled to object to your neighbours’ building plans, but wise homeowners always seek professional legal advice before doing so. In one case, a homeowner (“Objector”) who opposed construction of an extension to a neighbouring property ended up being ordered to pay his neighbours in excess of £20,000 in damages.
The Objector believed that the extension would be too close to his gas flue outlet and sought an injunction against his Neighbours. They gave a formal undertaking that they would suspend the works pending resolution of the dispute. A property expert was jointly appointed to resolve the matter and the Objector undertook he would pay the neighbours damages if wrong.
The expert found that the extension involved no encroachment onto the Neighbours’ property and they issued proceedings to enforce the Objectors undertaking. The building works were delayed as a result of the dispute, forcing the neighbours to live with a relative, to whom they paid rent, move their belongings into storage and cancel their Sky subscription while still in contract. The result of this was that the cost of the project increased considerably.
Following a Hearing, a Judge ordered the Objector to pay the Neighbours £22,860 in damages. He was further ordered to move his gas flue further away from the boundary so as to comply with the building regulations. The man appealed the initial Judge’s decision, but the High Court found no flaw in the Judge’s ruling and dismissed the appeal.
For any queries you may have about neighbour disputes, contact us at Tayntons Solicitors in Gloucester on 0800 158 4147. We can book an initial consultation with one of our Dispute Resolution Solicitors.
Drury v Rafique & Anr. Case Number: CF009/2018