First, check if there was a Party Wall Award (Agreement) in place before the work began.
If a Party Wall Award exists and the extension breaches its terms, the surveyors can reconvene to decide on a suitable remedy and issue a further Award to address the problem.
No Party Wall Award? What Next?
Without an Award, things get trickier. The best first step is to speak directly to your neighbour about your concerns and try to reach an agreement.
If discussions stall, consider hiring a specialist boundary surveyor to inspect the site. Their report will clarify if the extension encroaches on your land and by how much.
Trespass and Your Rights
If the boundary survey confirms encroachment, it’s legally trespass. Remedies might include seeking a court injunction to remove the offending structure or claiming compensation for any losses.
Other Important Factors
Consider if the extension affects your access to light, ability to develop your property, or right of way — these could form part of a claim for interference.
Our Advice
We prefer to avoid litigation. We suggest open dialogue with your neighbour to explore solutions such as:
- Selling the encroached land to them
- Using their extension wall as part of your own future extension
If you go down this route, it’s wise to negotiate the associated costs under the Party Wall etc. Act 1996 to avoid future disputes.
Need Help Navigating a Boundary Dispute?
Get in touch with our experts at team@simplesurvey.co.uk for advice and support.