Pramod ThomasBy: Pramod Thomas
A couple who constructed an expansion worth £80,000 on their neighbours’ garden have now been instructed to tear down the structure and pay £200,000 in legal costs.
Shabaz Ashraf, 45, and his wife Shakira, 40, were ordered to demolish the extension by a judge after neighbours accused them of deliberately building on their land and causing ‘damp and mould’ in their home, reported the MailOnline.
Their neighbours, Avtar and Balvinder Dhinjan, said the extension strayed 2.68in on to their land, with a roof overhanging 3.86in on the wrong side of the line.
The Dhinjans acknowledged that the infringement on their property is minor, but they raised concerns about their neighbors’ extension causing dampness and mold in their own home.
They argued that the extension is so close to their wall that there is no space for proper air circulation outside and filed a case at Central London County Court.
According to Ashrafs, their new extension was built within the same footprint as the previous one from the 1970s, and any encroachment had already been happening for over four decades, giving them squatters’ rights.
However, according to Rachel Coyle, who represented the Dhinjans, the new extension went beyond the footprint of the old one and was built directly against the outer wall of their home.
The judge noted that prior to the extension dispute, the two families had a good relationship. However, the Ashrafs acted in a high-handed manner during the dispute.
The judge found that the new wall was encroaching on the Dhinjans’ land and that the Ashrafs were aware of this before proceeding with their project.
In summary, the Ashrafs’ defense that their new extension was built within the previous extension’s footprint was untrue, as the extension was constructed beyond the previous boundary line.
The judge ordered that the Ashrafs acted improperly and were aware of the encroachment before proceeding with the construction.
They were also told to make a declaration that the fence between the two houses belongs to the Dhinjans.
In addition to their own legal costs, the Ashrafs were to pay their neighbors’ legal fees, which were estimated to be nearly £100,000, with an upfront payment of £49,009.
Mr and Mrs Ashraf will also face the costs of knocking down and rebuilding their extension
