What are my rights in this situation.
Neighbours extension roof overhang.
I have spoken to my neighbour twice over recent months asking him to reposition his shed in order to alleviate the problem but to no avail.
A further problem i noticed is that the neighbour s flat roof and fascia overhangs the boundary and their flat roof is also at an unusually steep angle.
Also i intend my extension to project 1 metre further out than the one on the boundary so how would i be able to do this if i am able to use their wall as part of mine.
You do not specify what the building is i am presuming it is an extension on their property.
The same applies where your neighbour has built his balcony or roof or any part of his building over your land.
Neighbours have extended their house by putting a conservatory concerned as the gutter overhangs into our property.
If a person s extension goes over the boundary by a few inches the neighbour or the neighbour s successor if the house is sold cannot just turn round a year or so later and demand it be removed.
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.
Let s say the neighbour took the issue to court and he could prove the tresspass and could prove that the builder had not acquired specific rights by easement.
If your neighbour refuses to cut their roof back so that it is within their boundary your only option would be to take them to court although there is a possibility that the courts will say that 3 inches is too small a trespass to make a ruling on.
Your neighbour s overhanging roof is a simple matter of encroachment.