Tips and tricks

Can my Neighbour build against my wall?

Can my Neighbour build against my wall?

The short answer is “yes, subject to serving a valid notice and following the processes set out in The Party Wall Act. The party wall act only applies to “structures” (ie: a wall with a foundation), it does not apply to timber fences or other screens.

Do I need my Neighbours permission to build a wall?

If you wish to build a wall astride the boundary, you are required to obtain the adjoining owner’s consent. The adjoining owner has 14 days to give written consent. If you fail to obtain the adjoining owners’ consent within 14 days of its notice, you must build the wall entirely on your own land at your own expense.

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Can your Neighbour use the boundary wall as part of his extension?

The ownership of the boundary wall to be built on may be an issue. If you own half the wall as is often, but not always the case, you will need to formally permit your neighbour to encroach across the dividing line.

What can I do if my neighbour has built over my property?

The municipality cannot assist you where your neighbour has built over your land you. You will have to approach a court to remove the structure from your land. Property owners must not think they can get away with violating building lines by quickly and that the court won’t order the demolition of the structure once it is built.

What happens if a neighbor damages your property with water?

If a court determines that the alteration to land was unreasonable and altered the land’s natural condition that caused his or her neighbor harm, the court will hold in favor of the property owner who sustained water damage.

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Can a neighbor claim the land through adverse possession?

Neighbors’ Shed Is on Our Property: Can He Claim the Land Through Adverse Possession? Even with neither the owner nor the neighbor having been aware of it going on, one can successfully take adverse possession of a piece of property. By Editors of Nolo

Can a neighbour build a balcony on your property?

Encroachment orders If your neighbour has built inside or over his building line, or even worse, has built over the border of your property he has encroached on your property. The same applies where your neighbour has built his balcony or roof or any part of his building over your land. This is unlawful unless you have given permission.