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Section 6 - Notice

Section 6(1), where -

(a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner; and

(b) any part of the proposed excavation, building or structure will within those three metres extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.

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Boundary Laws

Prevention is always better than cure. If you plan to put up a new fence or wall or plant a new hedge, try to talk to your neighbour about it. In that way, you will hopefully put his mind at rest.

When putting up a fence, custom dictates that the posts are entirely on your land and the face of the fence, points to your neighbours. It is worth is giving up an inch or two of your land to avoid it going onto next door and creating a dispute. This is especially so since you will need cooperation to be able to repair the fence from your neighbours land. Ensure it complies with Planning Regulations – ring them first.

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Oversailing: what is it and why is it a concern for developers?

Oversailing: what is it and why is it a concern for developers?

On a tight construction site, use of a tower crane may be the most practical construction method for maximising the footprint of the building and the efficiency of its construction. Developers and their contractors should however be aware of certain key issues likely to flow from use of tower cranes, particularly in densely populated areas:

  • Under English law a landowner owns the airspace above his land (unless it has been expressly excluded from the lease or transfer to him) and it is therefore trespass if a developer or its contractor allows a tower crane jib to swing across land owned by other parties;
  • An adjoining owner can obtain an injunction to prevent such trespass without needing to show that any damage has occurred;
  • The developer and/or its contractor should seek a licence from third parties whose land may be oversailed by a crane, permitting the trespass and setting out the terms of use of the tower crane.

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Boundary Dispute

Boundary Dispute

IF YOU ARE UNSURE AS TO WHERE YOUR BOUNDARY IS OR WHO OWNS IT, the starting point is always your title deeds. If your house has been built on a new estate, then it is likely that there will be a reasonable scale plan showing the garden boundaries. You should always ask your solicitor or conveyancer for a copy of your boundary plan. A copy of the plan registered at H M Land Registry can be obtained, although it will only be of a scale of 1 to 1250, unless there is a plan from the transfer when the land was first sold.

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Section 7 - Compensation etc.

Section 7 - Compensation etc.

(1) A building owner shall not exercise any right conferred on him by this Act in such a manner or at such time as to cause unnecessary inconvenience to any adjoining owner or to any adjoining occupier.

(2) The building owner shall compensate any adjoining owner and any adjoining occupier for any loss or damage which may result to any of them by reason of any work executed in pursuance of this Act.

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