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    • Yamayz
    • By Yamayz 3rd Oct 17, 9:13 PM
    • 4Posts
    • 1Thanks
    Yamayz
    Neighbour turned me into a semi detatched
    • #1
    • 3rd Oct 17, 9:13 PM
    Neighbour turned me into a semi detatched 3rd Oct 17 at 9:13 PM
    Hi All,

    I have a detached house. On one side the wall of my house is right up to the boundary. My neighbour did have a driveway between me and the side of his house.

    What's he's done is build a carport, not a big deal, but then he's boarded up the front and back with wood then fixed wooden uprights to the car port struts so that it is flush with my wall. Then laid gutter along my wall, over the gutter of the carport and sealed it in all the way round with various things like pipe lagging.

    So he's essentially made a room out of it and turned us into a semi detached. He's now plumbed his washing machine to be in this wooden car port room.

    I am very unhappy about this. He's not asked permission and I told him when I saw the car port going up that I did not want anything attached to my wall. I've had previous issues with this neighbour.

    What I can't work out is the legal position. I want to be clear on everything before I go and have a word. I don't anticipate an easy conversation. I've read a lot about party walls but as my wall is on my side of the boundary but right up to it I don't think it is a party wall. In which case can he butt things up to it and create a room using my wall as one of the walls of this room. Worst case could he take down the car port and under permitted development build onto may wall and really make us semi-detatched?

    I'm thinking he's bridging my damp proof course, in my insurance I state I'm a detached house etc. There is also a drain inspection chamber in there which one of my bathrooms connects into.

    Thanks for any helpful insights.
Page 1
    • Aylesbury Duck
    • By Aylesbury Duck 3rd Oct 17, 10:40 PM
    • 1,057 Posts
    • 1,276 Thanks
    Aylesbury Duck
    • #2
    • 3rd Oct 17, 10:40 PM
    • #2
    • 3rd Oct 17, 10:40 PM
    Hi All,

    I have a detached house. On one side the wall of my house is right up to the boundary. My neighbour did have a driveway between me and the side of his house.

    What's he's done is build a carport, not a big deal, but then he's boarded up the front and back with wood then fixed wooden uprights to the car port struts so that it is flush with my wall. Then laid gutter along my wall, over the gutter of the carport and sealed it in all the way round with various things like pipe lagging.

    So he's essentially made a room out of it and turned us into a semi detached. He's now plumbed his washing machine to be in this wooden car port room.

    I am very unhappy about this. He's not asked permission and I told him when I saw the car port going up that I did not want anything attached to my wall. I've had previous issues with this neighbour.

    What I can't work out is the legal position. I want to be clear on everything before I go and have a word. I don't anticipate an easy conversation. I've read a lot about party walls but as my wall is on my side of the boundary but right up to it I don't think it is a party wall. In which case can he butt things up to it and create a room using my wall as one of the walls of this room. Worst case could he take down the car port and under permitted development build onto may wall and really make us semi-detatched?

    I'm thinking he's bridging my damp proof course, in my insurance I state I'm a detached house etc. There is also a drain inspection chamber in there which one of my bathrooms connects into.

    Thanks for any helpful insights.
    Originally posted by Yamayz
    From your description, the legal position seems pretty clear. Your neighbour has no right to attach anything to your wall and you are entitled to insist he removes it. I would do so as soon as possible, in writing, because he could have damaged your wall or increased the risk of damage to it. He needs to remove anything he's attached to it and make good, which means properly filling any holes. You should insist the wall is put back as it was before he appropriated it for his own use. Also, insist he doesn't store or lean things up against it.
    • Yamayz
    • By Yamayz 3rd Oct 17, 10:46 PM
    • 4 Posts
    • 1 Thanks
    Yamayz
    • #3
    • 3rd Oct 17, 10:46 PM
    • #3
    • 3rd Oct 17, 10:46 PM
    Thanks Aylesbury Duck. By "attached" do you think just bracing everything against my wall counts? I don't think he's drilled anything, just jammed things in. Also, as I anticipate push back from the neighbour, why can't he lean things on my wall? Is there a legal angle or anything I can follow should he refuse to comply?
    • Aylesbury Duck
    • By Aylesbury Duck 3rd Oct 17, 10:54 PM
    • 1,057 Posts
    • 1,276 Thanks
    Aylesbury Duck
    • #4
    • 3rd Oct 17, 10:54 PM
    • #4
    • 3rd Oct 17, 10:54 PM
    Sorry, I misunderstood. I took it that he'd attached the guttering to your wall.

    I'm not in a position to give definitive legal advice on whether leaning or jamming things against your property is permitted or not, but I suspect it isn't. As you've suggested, there is no way of knowing whether this amateurish extension or its contents compromises your own property. You do need to ask what's going on and advise your neighbour that you will take advice on the situation.
    Last edited by Aylesbury Duck; 03-10-2017 at 10:56 PM.
    • choille
    • By choille 3rd Oct 17, 11:01 PM
    • 5,552 Posts
    • 27,089 Thanks
    choille
    • #5
    • 3rd Oct 17, 11:01 PM
    • #5
    • 3rd Oct 17, 11:01 PM
    Contact your local Planning Department and ask them if it is legal to do so without Planning consent.
    • Davesnave
    • By Davesnave 4th Oct 17, 8:28 AM
    • 23,337 Posts
    • 88,954 Thanks
    Davesnave
    • #6
    • 4th Oct 17, 8:28 AM
    • #6
    • 4th Oct 17, 8:28 AM
    See the question relating to car ports here:

    http://www.bathnes.gov.uk/services/planning-and-building-control/building-control/frequently-asked-questions#H

    Your local authority may have a similar policy.


    Also, if there's an inspection chamber on a shared drain (it must be shared, because it's not on your land) then he may have needed the permission of the water authority to do this. He will probably argue that there are no substantial foundations, but you can still give hiim grief by informing the water authority.

    He should not brace his structure from yours. You would be entitled to remove any such bracing, but see who else you can get on-side first.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • Yamayz
    • By Yamayz 4th Oct 17, 10:14 AM
    • 4 Posts
    • 1 Thanks
    Yamayz
    • #7
    • 4th Oct 17, 10:14 AM
    • #7
    • 4th Oct 17, 10:14 AM
    Thanks Chollie, Davesnave.

    The Planning Department couldn't have cared less, they pursued a line of question re permitted development then said it's nothing to do with them when I tried to explain what had been built.

    I'll take a more detailed look at the building control carport thing and water authority.

    I'm struggling to find info or even work out who to ask (property lawyers?) about not bracing things on my wall. I can see this ending up in some sort of court and Judges work from law.
    • choille
    • By choille 4th Oct 17, 10:23 AM
    • 5,552 Posts
    • 27,089 Thanks
    choille
    • #8
    • 4th Oct 17, 10:23 AM
    • #8
    • 4th Oct 17, 10:23 AM
    I think I would be tempted to contact your local Councillor and say how concerned that you are re the attitude of Planning department. I would kinda stress the safety concerns ie Fire - as there are quite strict regulations regarding garaging because of that - but that is down to Building Standards which I believe has been privatised in England?

    I'd try the Councillor route initially and then MP if you get no joy as lawyers will charge a fortune & really it's very specialist as it's more down to knowing building regs & that would be an Architectural technician's knowledge.
    • BBH123
    • By BBH123 4th Oct 17, 11:04 AM
    • 457 Posts
    • 684 Thanks
    BBH123
    • #9
    • 4th Oct 17, 11:04 AM
    • #9
    • 4th Oct 17, 11:04 AM
    I am surprised at the stance of your planners, my local planners advised me they are duty bound to investigate a complaint if made.

    Once the formalities were out the way they did however make a throwaway comment that they are not the garden police and struggled not to laugh when my neighbour complained I put a glass wasp catcher in my tree.
    • firefox1956
    • By firefox1956 4th Oct 17, 8:12 PM
    • 1,269 Posts
    • 714 Thanks
    firefox1956
    Perhaps the OP may have more luck with his Planning Office if he write a letter or an email headed 'Complaint'
    As post #9 they would then be duty bound to investigate & respond properly not just fob him / her off.
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