Without going into endless detail, a friend of mine, whose property adjoins a boundary wall 6 feet high, on the other side of which there is a wilderness (owned by the NHS) wishes, for security purposes, to construct a metal gate, the upper part of which would project into the neighbour’s “airspace” to make it more difficult for burglars to gain access ( btw there is a 30 foot sheer drop to the ground on the other side of the wall )
The question is, in British (actually Scottish) law, is there any offence or infringement or whatever caused by intermittent invasion of your neighbour’s airspace ?? The upper part of the gate would extend about 24" into the neighbouring space.
“intermittent invasion of your neighbour’s airspace ?? The upper part of the gate would extend about 24” into the neighbouring space. "
And then it would withdraw, then extend again, thus making it intermittent?
I can’t get the picture here. There is a six foot wall which I assume is solid at the ridge of a 30 foot crevasse and your friend wants to put a gate up against that wall…
Will he be putting up a fence parallel to the wall in which to install the gate? I can’t imagine what you are describing.
I don’t know UK law, but US law is mostly based on it. I would say “no, he cannot do this.” Certainly a tree branch can invade a neighbor’s airspace, however if the neighbor doesn’t like it, he cn cut it off at the property line. The tree owner cannot control those parts of his property 9the tree) which impinge on another’s space.
Hi Frank. The wall of my friends’s house runs parallel to the boundary wall, there is an alley way of maybe 4 feet width. The proposed gate would be in the shape of an inverted “L”, hinged on the wall of the house, with the upper part of the inverted “L” protuding into the neighbouring airspace.