Q&As

The owners of an adjoining property agreed to let their adjoining neighbours build an adjoining garage on their wall. The neighbours ended up building a house (rather than the agreed garage) on their wall. What remedies are available to the owners?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 21 February 2017
imgtext

There are a number of different remedies which may be available to landowner A, which will depend upon the nature of the agreement in question. For example, if there was consideration in respect of the agreement, then landowner A could potentially bring a claim for Breach of contract. It is also possible that a licence has been granted to landowner B, which has been exceeded and could be revoked.

An option would be to bring a claim for trespass if applicable, or if the works are ongoing, a claim for nuisance. See Trespass—overview, Neighbour Disputes—Noise and nuisance and Nuisance—what are public and Private nuisance claims?

This will of course depend upon the nature

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Breach of contract definition
What does Breach of contract mean?

When a party to a formal agreement (contract) breaks a condition (term) of that contract.

Read more readmore

Popular documents

Standard Commercial Property Conditions (Second Edition)

Standard Commercial Property Conditions (Second Edition)The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and those conditions were incorporated into many contracts for the sale and purchase of commercial property. The Standard

Is it possible to claim adverse possession to land owned by a council, but incorporated in the claimant’s

Is it possible to claim adverse possession to land owned by a council, but incorporated in the claimant’s private garden by a retaining wall? The retaining wall was built by the council in the 1980s and there has been no effort made by the council to take their land back.This Q&A is relevant to

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and

If a transfer deed (TR1) has been signed by both the transferor and transferee, the transferor dies and then the TR1 is dated after death of the transferor (in error), is it still valid?A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and

Is there a definition of 'disposition' in the Land Registration Rules 2003? If not, what is the

Is there a definition of 'disposition' in the Land Registration Rules 2003? If not, what is the definition that should be applied in relation to these rules?Although each uses it quite freely, neither the rules nor the Act which they amplify (the Land Registration Act 2002 (LRA 2002)) contains a