Civil Trespass- removal of offending item

Civil Trespass- removal of offending item

While we were on holiday our neighbour entered our driveway and installed a very large diameter aluminium woodburning stove chimney on the side of their new conservatory (built with our knowledge and approval- but they did not tell us about the chimney!). Their house wall is our joint boundary and this chimney goes from a height of 6-7 feet out of the conservatory, takes a left then goes up their house wall, comes out to avoid their eaves and finishes 4 ft above their roof line but all in our property air space. They can't see it but we can every time we drive into our house drive or go out into the back yard to the garage. We want it removed but planning law can't help- it is a permitted development- and it complies with building regs. The only solution our house contents insurance legal adviser can offer us is to sue for trespass and then the only thing we might get after protracted legal action is damages. We don't want compensation- we want it removed! Is there anything in English Law or Case law which might help us? It just seems so wrong. Help! Ted
17:45 Fri 17th Aug 2012

17:51 Fri 17th Aug 2012