Extension Built on Boundary wall 28 yrs ago

I have a property upon which a small extension was built, however the extension was built on the boundary wall. At the time 28 yrs ago, the neighbours agreed to the extension being built on the boundary wall as additional walls were built for the neigbours on the other side of there garden.

My question is, could the neighbours now ask for the extension to be removed from there boundary wall? If I need to gain access to there garden for maintenance of the extension can they refuse?

Doubt they can ask for it to be removed as its been there for 28 years.

Access for maintenance may depend on what was originally agreed. Is there anything recorded on the title documents e.g way leave, right of access?

After 28 years, they could hardly ask for it to be removed, unless it is falling down or something. As for maintenance, what has been the case in the preceding 28 years. Is there suddenly a problem with communications now with neighbours that is causing you to worry about this?

csirl said:

Doubt they can ask for it to be removed as its been there for 28 years.

Access for maintenance may depend on what was originally agreed. Is there anything recorded on the title documents e.g way leave, right of access?

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There is no mention of right of access, way leave etc. on the title deed. Maintenance woudl not have been considered 28 years ago!

Welfarite said:

After 28 years, they could hardly ask for it to be removed, unless it is falling down or something. As for maintenance, what has been the case in the preceding 28 years. Is there suddenly a problem with communications now with neighbours that is causing you to worry about this?

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The roof(flat roof) will need to be replaced. It may be a bit awkward but it could be done from my side of the wall. The wall on there side may need to be rendered again and I intend to get the whole extension pebble dashed, but of course it is up to them what finish they want me to put on their side

The parents of the family are now deceased and the siblings who would have been party to the agreement have now moved on. The remaining sibling is a little unstable and it would be impossible to agree/discuss anything with him. I will have to contact his sister and I've no reason to believe that she would be unreasonable but you never know.

Attitudes to property and land have changed significantly over the 28 years and I'm just checking if there is any possiblity that the position of the extension on the boundary wall could now be legally challenged?

There may be a solicitor on AAM who could tell you for definite....I know where you're coming from...times have changed! Good luck with it!