If you are stuck in such a situation, here is what to do.

The story

Mr. Peterson, a resident of the quiet town of Silvergate, recently found himself in a perplexing situation. His next-door neighbour, Mr. Davies, approached him with plans for a new single-storey extension at the rear of his property. The issue arose because of a six-foot-high brick wall that separates their gardens. This wall, as Mr. Peterson confirmed from his property deeds, was built and paid for by the previous owners of his house and stands entirely within the boundary of his property.

Mr. Davies has insisted that for his extension to be built as planned, Mr. Peterson’s wall must be demolished. The apparent goal is to allow Mr. Davies to build his new extension’s wall directly on the boundary line, maximising his internal space. Mr. Peterson was initially unsure but now believes he has the right to refuse this demand. He is seeking clarity on whether he can simply say “no” and require his neighbour to redesign their extension to be built entirely on their own land, without interfering with his wall.

Advice in such cases

• Verify Ownership: The first step is to be absolutely certain about the wall’s ownership and location. Review your title deeds and the title plan from HM Land Registry. These documents are the primary evidence of your property boundaries.
• Communicate in Writing: Send a clear, polite, but firm letter or email to your neighbour. State that you have confirmed the wall is entirely on your property and that you do not consent to its removal or alteration. A written record is crucial.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A solicitor can also send a formal legal letter on your behalf, which often carries more weight.
• Deny Access: Do not permit your neighbour or their builders to come onto your property for any work related to the wall. If they do so without permission, they are trespassing.
• Review Planning Permission: Obtain a copy of your neighbour’s approved planning permission from the local council’s online portal. While planning permission allows them to build, it does not grant them the right to infringe on your property rights.

Applicable Sections of Law

• The Party Wall etc. Act 1996: This Act is often misunderstood. It provides a legal framework for managing building works on or near a boundary. However, it applies to “party walls” (which straddle a boundary) or “party fence walls”. Since the wall in question is entirely on your land, it is not a party wall. The Act does not give your neighbour the right to demolish your private property. They may need to serve you a notice under the Act for excavations near your property (within 3 or 6 metres, depending on depth), but this is about protecting your foundations from their digging, not about removing your wall.
• Common Law of Trespass: Unauthorised entry onto your land is trespass. Your neighbour or their builders coming onto your property to demolish the wall without your express permission would be a clear act of trespass.
• Criminal Damage Act 1971: Intentionally or recklessly destroying or damaging property belonging to another is a criminal offence. If your neighbour proceeds to demolish your wall without consent, they would be committing criminal damage, and you should report it to the police.
• Land Registration Act 2002: This Act governs the system of land registration in England and Wales. The title plan registered under this Act provides evidence of the general position of boundaries, which is key to proving the wall is yours.

If you are the complainant

As the owner of the wall, you are in a strong legal position. Your primary course of action is preventative. You should communicate your refusal clearly and in writing. If your neighbour indicates they intend to proceed regardless, you should instruct a solicitor to seek an injunction from the court. An injunction is a court order prohibiting a person from taking a particular action—in this case, from trespassing on your land or damaging your wall.

If you are the victim

If, despite your objections, your neighbour or their contractors enter your property and begin to damage or demolish the wall, you should act immediately. Call the police and report an act of criminal damage and trespass in progress. Concurrently, contact your solicitor to initiate urgent civil proceedings for an injunction to stop any further work and to claim damages for the cost of repair or rebuilding, as well as any other losses.

How the police behave in such cases

The police can sometimes be hesitant to intervene in what they initially perceive as a “civil” or “neighbour dispute.” However, you must be clear when reporting it. Do not describe it as a boundary dispute. State clearly that “Someone is on my property without permission and is actively damaging my wall.” This frames the issue as trespass and criminal damage, which are police matters. While their initial response may be to mediate, if damage is being done, they have the power to arrest the individuals involved for committing an offence under the Criminal Damage Act 1971.

FAQs people normally have

• Can my neighbour use the Party Wall Act to force the wall’s removal?
  No. The Act provides a framework for works affecting a shared (party) wall or for building a new wall on the boundary. It does not provide any power for someone to compel you to demolish a structure that is entirely on your own land.
• What if their planning permission shows my wall being removed?
  Planning permission from the local council does not override private property rights. It is the developer’s responsibility to ensure they have the legal right to carry out the work, which includes getting permission from other landowners if their property is affected. The council’s approval does not grant this permission.
• What if they offer to pay for everything?
  You are under no obligation to agree, even if they offer to build you a new wall at their expense. The decision to allow work on your property is yours alone. You can simply refuse.

What evidence is required?

• Proof of Boundary: The most critical evidence is your title plan from HM Land Registry. A chartered boundary surveyor can also be engaged to prepare an expert report confirming the wall’s location.
• Photographic Evidence: Take clear, dated photographs and videos of the wall and the surrounding area before any work begins.
• Written Communication: Keep copies of all emails, letters, and text messages exchanged with your neighbour regarding the issue. Maintain a log of any verbal conversations.

How long will the investigation take?

If the matter becomes a civil case (e.g., for an injunction or damages), it can vary. An emergency injunction can be obtained from the court in a matter of days. A full claim for the cost of damages could take several months to over a year to reach a final hearing if it does not settle out of court. A police investigation into criminal damage can also take several weeks or months, depending on the evidence and the priorities of the local police force.

Advocate Sudhir Rao, Supreme Court of India