Neighbours and building over our boundary

Catblue

How are the neighbours going to rectify this?

Are they really going to pull down their house extension, which was completed 6 months ago?

And these GOOD neighbours didn't realise that they were building their extension on their neighbour's land? You really believe that?

MrsTinks

what exactly is it that is a few feet over the boundary? Conservatory? Brick wall with foundations? What? If it's a PROPER extension you're talking TENS of THOUSANDS for the neighbour to correct this and they will fight it as much as they can! However as far as I am aware (although this is England not Scotland) then no you can't just build on your neighbours land... I wouldn't be wanting to take on the legal battle myself though!

jm28cardiff

If someone builds on your land, cant you just smash it down?

spuds_2

If they have built a permanent structure several feet onto her land they are not going to 'rectify' it. They are going to count on the fact she/you will not be prepared to go through an expensive and protracted court case to sort it out.

I think you have two options. Either walk away - which you are not going to do, for reasons you have stated. Alternatively, get a reduction on the price and accept that you have part of your neighbours house on your land.

If the building is very obviously on 'your' land (eg.extension at the back of two semis), do you not think it will affect the resale value/saleability in future?

If it is over the boundary at the bottom of a long garden, it is not such a big problem. I am with other MSE'ers though, they do not sound like people I would want as neighbours. I doubt very much that they will be prepared to do anything about it either.

RobertoMoir

TonyMMM wrote: »

This is not your problem - You need to insist that the seller sorts it out before you can complete the purchase - and your solicitor should be telling you the same thing (if they aren't - find a new solicitor).

I agree with Tony but would add that as much as this might be hard to hear as you've clearly decided this is your dream home, if there are any issues or if there is any hesitation from the sellers about sorting it out before you buy... walk away. Dreams can very easily turn into nightmares.

hethmar

Back to your first question, which was can someone build on your land - of course not, but if you want it rectified you are in for a long and probably expensive legal battle, nastiness, pettiness, possibly mental and physical abuse. I wouldnt want that myself. And though you say you can build a big fence (which you cant actually, only 6 ft) and fight it out - how will that make you feel every time you come home to the house - you certainly wont think of it as your dream home - more of a nightmare Im afraid. These "good" neighbours are people who have taken advantage of the situation and likely got away with it- do you not think that you will resent this?

IF it gets sorted by the vendor before you go ahead, then may be they will have learnt a lesson and not consider you involved in the action against them, but its a chance you have to take. The sort of people who pull a fast one like this arent going to change.

edgex

If its something that required planning permission, the neighbour, the person your buying from, should have been notified.

Also, it dosnt matter that the seller is your friend, you cant believe anything they say about the property & neighbours without some evidence.

Ms_Chocaholic

Just a thought from a laywoman's point of view but did the neighbours have to get planning permission for the extension, if so, surely the extension can't be in line with the permission given if built on next door's land.

poppysarah

I suspect planning permission is more bothered with how big it was on the plans rather than who owns the land.
You'd have to object at PP stage and then during build.

Permitted development is just building control checks - they also won't be bothered about where the boundary is.

It's a very very messy situation. You're instantly into a neighbour dispute before buying the property.

Walk away.
You will find another perfect property. Don't waste any more time and energy on this.

hethmar

Planning departments have no interest whatsoever in boundary disputes. There only interest is in the actual building - they expect the builder to have sorted out the position of the boundary. But as edgex says, your friend should have received notification of a planned extension.