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Digging Deep

Mike Lewis, head of the property litigation department at SA Law, comments

Around the UK, there are an increasing number of planning permission applications to develop so-called ‘mega basements’. These are being built by wealthy individuals and developers to compensate for a lack of space, particularly in the capital.

As the number of mega-basements increase, so do the number of disputes from neighbours and the council in an attempt to prevent their development.

The construction process of a mega-basement can be the main cause for neighbour disputes, rather than the basement itself. When completing the excavation of the land, developers can face disgruntled neighbours caused by the levels of noise and disturbance which is caused.

In certain circumstances a neighbour may apply for an injunction. An injunction can be used to stop certain activities from occurring. These are often brought in construction cases to prevent noise or nuisance by putting a halt to the development of the sub-terrain extension.

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