Do gutters, eaves or foundations over the boundary count as encroachment?

A projection can raise an encroachment issue even if the wall face stays on one side. First establish the boundary and check any right, consent or statutory provision affecting the work.

Look beyond the visible wall

Roof edges, guttering, cladding, footings and basement structures may project beyond the wall’s face. A drawing showing only the external wall does not necessarily answer where every component sits. Obtain sections and foundation details where those elements are relevant.

Is every projection automatically unlawful?

No. A deed, easement, agreement or applicable statutory right may affect the position. For example, the Party Wall Act provides limited rights concerning necessary projecting foundations in particular circumstances, while special foundations require written consent. Those provisions should not be read as a general right to build beneath neighbouring land.

If work is proposed

• Establish the line used for setting out and the evidence supporting it.
• Show the full construction, including above- and below-ground projections.
• Check rights and consents with the appropriate advisers.
• Keep setting-out and construction records before elements are concealed.

Basement concrete can be difficult to investigate later. Resolve a disputed setting-out assumption before work makes the position harder to inspect.

If the structure already exists

Record the feature and obtain the available drawings and history. Do not demand demolition solely from a scaled title plan, or assume a small projection can be ignored indefinitely. The possible remedies and the cost of pursuing them depend on the facts and applicable rights.

Can I remove the encroachment myself?

Get legal advice before any self-help involving a neighbour’s building or materials. A negotiated licence, agreement, redesign or other settlement may be possible. Evidence about the line and advice about the remedy are related but different parts of the problem.