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extension overlapping property...?

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Hi, I would like to buy a house that's been vacant for years and being sold by solicitors. The estate agent says they won't accept much under the asking price but my budget is 10k under. I recently viewed and love the house. On looking at one of the photos it is apparent that an extension has been built onto next door's property and part of the extension is overlaps and is against the house I want (it's terraced).

This would restrict any extension that I may want to make, and also I think that next doors window looking straight out onto my garden would be intrusive!

Would this have to be on the deeds if it was done legally? Is it possible that it was built whilst the house was vacant? Is it a good enough reason to knock the price down? If it turns out that it's not on the deeds what happens then? - does it have to be sorted before it can be sold or can I offer a low price and deal with the legalities myself?

I'm a first time buyer and totally clueless. Thanks for any help!!

Comments

  • Zelie
    Zelie Posts: 773 Forumite
    Would you honestly want to buy a house where your neighbours were able to look straight into your garden all the time and where you were unable to extend? You also might want to think about how these neighbours would behave towards you - they've taken huge liberties with the current owner so why would that change when you move in?
  • We bought a 3 bed house in South-West London that was a probate sale, it was a dump an utter tip!

    We viewed the house stupidly at night and missed a neighbours single extension up to and on the boundary, (it was disguised/hidden by floral/Ivy coverage but removed before we moved in) this extension also had a TOILET window that opened onto our land, an overflow pipe from the toilet cistern that was over our land and guttering that was well over onto our side

    The day we got the keys from the estate agent was a joyous one until there was a knock at the door, it was our beloved Irish neighbour

    They stated, quote "You cannot extend your property as it will infringe on ours and I will fight you tooth and nail to stop you' This was all before even a good morning and welcome to your new home

    So I did some investigation, it turned out that they had hired their Irish architect and builders friends to do the work, and as it was over 3 years ago, I [apparently] could do nothing about it, she was hoping that the elderly lady, who couldn’t give a monkeys would live for another 3 years or more

    After a year in the house, there was a very rainy, windy winter night when the guttering 'blow off’, the overflow pipe ‘broke off’ and the toilet window just happened to get covered by some fast growing Ivy (damned Ivy hey)

    The conclusion was that she almost begged us to allow her to come onto our land to either repair the [WIND] damage or allow her to make it good so that we could extend up to her property

    The later we did and extended up to the boundary (party wall) and we sold last year a 5 bed-roomed house and to this day I have kept the before and after pictures

    We got the house easily and cheaper because of the overhang (nobody else wanted the hassle), but that said, I would never buy a house with an existing dispute with a neighbour again

    The "Party wall act 1996" is supposed to stop this kind of thing, good luck

    http://www.opsi.gov.uk/acts/acts1996/Ukpga_19960040_en_1
  • spuds_2
    spuds_2 Posts: 874 Forumite
    We viewed a house that had been empty for 2 years. Next door's had put a large conservatory on the back with a solid brick wall on the boundary line. I am sure it was done whilst the elderly owner was in a home in order to avoid planning or objections. I would say that if the house is cheap enough it may still be worthwhile pursuing, but the planning issue will put a lot of people off - especially if it comes over the boundary, not just up to it.

    If you do buy the best thing would be to do as Zaphod did and do a similar extension so it isn't noticeable.
  • m_13
    m_13 Posts: 990 Forumite
    We viewed a terrace house where the owners of the house next door had extended over the top of an outhouse/WC on the property we were looking at. They had then installed a toilet in the extension and connected it into the soil pipe for the old gardener's toilet in the outhouse/WC. This appeared to be their only toilet and basically they opened a door on their existing landing and stepped into a bathroom in a flying freehold over the property we were interested in. They didn't have their own soil pipe!

    We made an offer based on the fact we would never be able to get rid of the extension or the soil pipe but a higher bid was made and we did not get the property.

    Building up to the boundary is common in some areas particularly where people have side returns. However, you wouldn't expect to find a window in it facing onto your property!
  • "you wouldn't expect to find a window in it facing onto your property"

    Ours was an openable toilet windows !
  • Sooler
    Sooler Posts: 3,113 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Zoe2006 wrote: »
    This would restrict any extension that I may want to make, and also I think that next doors window looking straight out onto my garden would be intrusive!

    Would this have to be on the deeds if it was done legally?...

    If you have so many reservations about the property, consider if and how you will be able to sell it.

    Rule No.1 - Never buy anything you can't sell.

    When the time comes when you want to sell you'll be faced with the same problems as the current seller, and potential buyers will be asking the same questions, and knocking you down on price

    Sounds like the property will bring you many problems. It may be a mill stone round your neck. Personally I would leave it, not worth the hastle.
  • Zoe2006
    Zoe2006 Posts: 27 Forumite
    Thanks for all of your replies, it's good to hear all kinds of stories. I'm not looking for a development to sell, I want a home. I can live with it, I just want a lower price so I can afford to do some jobs. It's similar to one of the other post, the lady was old, went into hospital and died, it's been unnoccupied for years but is a lovely house and in a good state for the most part although there are a couple of issues that can be overcome.

    I think if it's not above board I can play on that to get a better deal. The house is being sold by solicitors as she has no family. They are getting back to me on Monday. I never thought it could turn out to be a toilet behind that window!

    It's up for around 80k, any suggestions on what I should offer?
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