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  • #16956
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        • Practcally Cretan
        • ★★★★★★
        Member since: 1st January 1970

        Hi all

        I wonder if anyone could give me some guidance on this. We have an apartment in a building containing 3 apartments, the boundaries and gardens being well documented at the point of sale. The rear boundary of our boundary is a very old stone wall, which supports the earth as the land rises above it.

        The person who owns the ground floor apartment next to ours had a patio build last year – using a significant amount of stone from our part of the wall which created an eyesore because the rest of the wall has obviously slipped down because the large facing stones are now the basis of his new patio!

        We obviously spoke to him about it and registered our extreme annoyance at the fact that he had allowed his builders to do this.

        Anyway, we find that 12 months later he has done exactly the same thing again, with even more of our wall being used to build a large barbeque!

        Do we need to see a solicitor about this or is it reportable to the police as theft? Can we reclaim our stone?

        I would appreciate any guidance from anyone who has knowledge of this area of law or has had a similar experience.

        Thanks in advance


        PS Obviously sensible dialogue is not working, every time we leave our apartment another bit of our wall disappears!! >:(

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            • BIC Full Member
            • ★★★★★
            Member since: 16th September 2009

            I’ve had no experience of this, thank goodness, but if the wall belongs to you, then it is theft and you should call the police. If the land is slipping because of the removal of the stones, thats a health hazzard, i suggest you call your solicitor first thing in the morning, i would have called them a year ago. I hope it all turns out well.

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