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28.04.2023 - 16:27 / dailyrecord.co.uk
A couple who built an extension two and a half inches into their neighbour's land have been told to demolish the £80k addition to their home.
Shabaz Ashraf, 45, and his wife Shakira, 40, were also handed a £200,000 legal bill for their troubles after their neighbours took them to court over the 68mm-long incursion into their garden. Neighbours Avtar Dhinjan and his wife Balvinder complained that the extension to the Ashraf's £700,000 home was "encroaching" into their space.
The Mirror reports that the roof overhang into the Dhinjan's garden was around 98mm, or 3.86 inches. The Dhinjans claimed the Ashrafs "intended to annoy" them with the invasion of their garden and had even told them to 'go to court'; the new extension was built to replace an ageing one constructed in the 1970s.
The argument over the home in Ridgeway Gardens, Redbridge, north London, began in 2019 when the extension was built. Central London County Court heard that the extension was making the Dhinjans' home damp and "mouldy" because there was no room for air circulation outside.
They pleaded with the judge for an injunction requiring the Ashrafs to tear down the encroaching wall. Judge Richard Roberts has accepted the request, and hit out at the "high-handed" couple for "trespassing", ordering them to knock down the offending wall and move it back.
The Ashrafs had sought to defend the case by making a case for squatters' rights, as the extension was identical in size to the old one built in the 1970s. But Rachel Coyle, for the Dhinjans, told the court that the rebuild went beyond the footprint of the old extension.
Ms Coyle said: "There was an encroachment which, while de minims in valuation terms, causes significant injury to the land belonging to the
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