Can you take action against boundary encroachment years after the event?

acequion

Registered User
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Many years ago the neigbours next door got external wall insulation. The cladding for this is several inches thick and on the side bordering my house they needed to go over the boundary. To my knowledge my father gave permission for this but nothing was in writing and planning permission wasn't sought. The cladding has always been a huge nuisance as it narrowed the already narrow passage way between the houses, for example since the cladding you can't even open an umbrella in the space. Though it is many years later now, about 15 and I am now the owner, would I be legally entitled to ask them to remove the cladding on my side or cut it back to the boundary line?

The reason it is becoming a bigger problem now is firstly, because there is somebody in my life now who is a wheelchair user and who cannot access the house through this passageway as it is so narrow. There is another entrance, but through the passageway is the most convenient. Secondly, I may sell the house and worry that this boundary encroachment might be an issue for potential buyers. The neighbors are very unpleasant people who have caused my family a lot of problems over the years and while I'm not necessarily trying to cause trouble or enter a dispute with them, I need to look at my options. Thanks to anybody who might know if I am legally entitled to request the above at this stage years later.
 
Have you discussed the issue with your neighbour, to see if agreement can be reached for a change, to facilitate the wheelchair user?

I honestly can't see you achieving anything, other than a hefty legal bill and a damaged relationship with your neighbour, if you try to go legal. The cladding is there a very long time....
 
Really, your options are accept it, or sell. They had permission from the owner to install the insulation. Planning permission was likely not required, regardless, the window to complain has closed.
 
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