Q: I own a workshop, which I converted to a home. Four neighbours have access rights over part of my land to get to their driveways. After I bought the property, I was puzzled to see that a brick wall between my garden and one of those next door had been partly demolished. The neighbour had put up double gates to allow him to park on his front garden. This neighbour confirms he did not seek permission from the previous owner, maintaining that it was not required. The brick structure was originally erected as a party wall between the two properties. Do I have a case to insist that he reinstates the wall?

A: If someone has a right of way, they can generally choose the point at which they want to access it. As long as your neighbour’s right of way led to the front garden, you can’t really insist that access is from a particular point on the boundary. Interfering with the wall itself is a different matter. Usually, the boundary runs vertically down the middle of a wall between two properties and each neighbour owns the brickwork on their side. If your neighbour demolishes your half of the wall without permission, he is trespassing on your land in exactly the same way as someone who burgles your house.

To avoid disputes between neighbours, the Party Wall etc Act 1996 sets out a procedure for carrying out works on a party wall. If your neighbour had followed this procedure, the Act would probably have allowed him to demolish the wall and rebuild it, but not to put in a gate. Unfortunately, the remedies available are unlikely to be attractive. If you took your neighbour to court, the court can grant an injunction to stop works in breach of the Party Wall etc Act 1996 or it could even order your neighbour to reinstate the wall.

However, injunctions are discretionary and this kind of litigation is expensive. If there has been a delay of several years, the judge might not grant an injunction. In theory you should get damages, but in practice you may have trouble showing you have suffered any loss.

Mark Loveday is a barrister at Tanfield Chambers (020-7421 5300). E-mail your questions to: property.consumer@thetimes.co.uk

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