Legal Assistance for Neighbourhood Damage – Legal Aid Centre

Questioner

Good afternoon, My neighbours had a conservatory built onto their house about 17 years ago. They asked our (verbal) permission for this at the time. We agreed to this, but asked if we could attach some smaller items to this wall. My neighbours agreed to this (also verbally), on the condition that we would not use screws that were too large. After a disagreement arose about replacing a section of shared fencing, my neighbour suddenly demanded that we remove an outside tap, a lamp and a garden rack from his wall. These items were all attached with small screws and caused no damage at all. Can you indicate whether my neighbor is within his rights, despite the verbal agreement? Thank you in advance for your answer!

Lawyer

Both agreements are valid. But they can also be cancelled. Your neighbour may therefore in principle withdraw the permission given and require you to no longer use his conservatory wall. I do not know what the legal effect is if you in turn withdraw your consent. Apparently this was necessary for your neighbours to be allowed to build the conservatory. It is possible that your neighbours will have to adapt their conservatory, for example because it is partly on your land, is built in or against your house or has a view of your garden.

Lawyer

As you describe it, you gave your permission at the time on the condition that you could attach small items to the wall and your neighbours then gave their permission on the condition that small screws had to be used. If you did indeed use small screws, you met your neighbour's condition and were allowed to attach small items to the wall. Now that your neighbour has withdrawn his permission despite this, it seems logical to me that your condition at the time is no longer being met and that your permission will therefore lapse. I advise you to inform your neighbour of this and give him the choice: honour all agreements or conclude that your permission for the construction of the conservatory has lapsed. In the latter case, he has a problem, so I assume that he will give you permission to attach small items to the conservatory wall again.