Neighbour has knocked down party wall and made fireplace

[philr55]

We purchased a 200 year old cottage and in what was the main living room which is now a bedroom is a chimney breast and a bricked up fireplace, 2 chimney pots above, so I spoke to the neighbour and told him that we were going to re-instate the fireplace, he said I can not do that or I will be in to his place, it appears he has knocked down the party wall and created a bigger fireplace in our chimney breast.

Any idea what would be my position in this matter.

 

[tony1851]

This might have been agreed with a previous owner, in which case there's nothing you can do.

 

[philr55]

Should such an agreement be in writing and entered in to the deeds of the property

 

[freddiemercurystwin]

Either that or by way of separate written communications that took place between the two parties. Or it could've been verbal, or maybe the previous owner was unaware. When did it happen, what has your neighbour told you regarding the history?

 

[JohnD]

It is for the neighbour to prove that he had permission.
Has he offered to do that?

He did not have the right to encroach on your property.

 

[philr55]

Either that or by way of separate written communications that took place between the two parties. Or it could've been verbal, or maybe the previous owner was unaware. When did it happen, what has your neighbour told you regarding the history?

Not discussed it any further with him yet, I was a bit gob smacked.

I suspect it was sometime ago, spoke to previous owner and he was unaware that had been done.

 

[kazuya]

what a cheek, unless he has something official in writing then he had no right to touch any shared walls, I would tell him your going to open it up and begin using it again and if the party wall is missing you will be putting it back up and consider himself lucky your not billing him for it.