Next Door Extension and Party Wall

rajp

We have just decided to build an extension at the back of our property, and are about to start next week. However we have noticed that the next door neighbour who built thier extension last year has put thier roof over the boundary and is encroaching on our side so far that thier roof ends under our window. Now because of this we cannot build a straight wall from ground up unless their roof is moved back into thier own side.

Does anyone know if they have a right to build so far over the boundary / party wall? Also who would have to pay to get the correction done and move thier roof back to their side of the house? Is their any legal law that says we cannot remove the encorachment and build over own wall?

Thanks

The_Pedant

As I understand it, permission from you is needed to place anything over the boundary line, into the region within your boundary.
Land typically comes with a right to the airspace ('to the heavens' or 'ad caelum') above it (well, within reason *tears up the claim letter to British Airways*). This means that you have rights over the use of that space and can require permission for the use of that space. Failure to obtain this, I believe falls under the tresspass laws. Large tower cranes have sometimes fallen foul of this.

Enforcement of these however is a normally civil matter between you and your neighbour. In the event of any dispute, the questions of the impact of the item in question would be the primary consideration. As I understand it, courts only normally rule for a change, or higher compensation if there is a clear obstruction, or inconvenience or other impact from the item in question. There have been cases for example where someone with guttering overhanging (and therefore a trivial interference) was required to pay £10 compensation; this was ruling was however granted to allow them to return to court if there was a larger impact at a later date (i.e. it would interfere with an extension etc).

I think the first step would be to have an informal word to see if a compromise presents itself. Failing that, if you still with to work to your plans that require that space, unfortunately the only recourse I believe would be through the courts to try and obtain an order to force them to change the roof (I'm not sure how common or likely this is).

Steve_xx

I am sure that the local planning office would not have granted them permission to build their extension so that it overhangs in the way that you describe.

You should first take some pictures and then take them to the planning office and ask if they gave permission to build it as it is.

You may certainly need to make a formal objection as under the 12 year rule your neighbour may never be forced to adjust it.

Chippy_Minton_2

How come you didn't notice/raise this with the neighbour when it was being built?

planning_officer

Planning permission does not concern itself with boundaries, therefore if the extension is the same size as shown on the approved plans, irrespective of whether it overhangs the boundary, it may be they are building in accordance with the planning permission. If that is the case, then it is purely a civil issue and you should pursue it through a solicitor. However, if they are building larger than shown on the plans, the Council can take action to remedy this.

rajp

The Plans they submitted doesnot show any encroachment, but again I do know planning doesnt concern boundary disputes especially after it has been built.

To be honest, we didnt notice it because we have never needed to look at this matter so closely. Being a good neighbour, we trusted thier work and didnt really notice the encroachment until now which is where we need to build out wall for the extension.

Should have kept a closer eye I guess, hopefully they will be reasonable and sort out the problem, however it would mean cutting into thier roof and making alterations, which is going to cost them, so not sure how willing they will be to spend money to get things corrected.

olias

To be honest, I think unless you willing to fork out for a costly legal wrangle then you are knackered. it's not just a case of them lopping a bit off their roof. It could potentially cost them tens of thousands to redesign and rebuild the roof.

Does your house insurance have legal cover? You could try them, though to be honest I think they would not cough up due to the delay and the fact you did nothing at the time.

I think your only option is to discuss it with them, and if they won't agree to help, then you will have to redesign your extension with the wall closer to your property to avoid their roof.

Are you using an architect? They might be able to come up with a solution that you are happy with

Olias

rajp

olias wrote: »

To be honest, I think unless you willing to fork out for a costly legal wrangle then you are knackered. it's not just a case of them lopping a bit off their roof. It could potentially cost them tens of thousands to redesign and rebuild the roof.

Does your house insurance have legal cover? You could try them, though to be honest I think they would not cough up due to the delay and the fact you did nothing at the time.

I think your only option is to discuss it with them, and if they won't agree to help, then you will have to redesign your extension with the wall closer to your property to avoid their roof.

Are you using an architect? They might be able to come up with a solution that you are happy with

Olias

Really is this the only way, even though people encroach on to your property? I was thinking that if someone builds on your garden, then you have to right to knock it down? If someone builds an extension over my land, then dont I have any legal right?

Pssst

A photo would be useful? Its common for gutters to overhang but significant encroachment would surely be obvious during construction? From your description,it sounds like significant encroachment? it sounds expensive both for your neighbour and for you to prosecute. Perhaps a compromise is in order? Always be very sure when litigating re border disputes...

The_Pedant

You have the right to your property (the land & boundaries), and the neighbour has the right to their physical property (their roof). They are therefore expected to respect your property rights (i.e. stick to their own property) and you are expected to respect theirs (i.e. you can't just lop off part of the roof;)).

Therefore, barring any amicable agreement, it would be down to a court to determine the appropriate resolution.

This could be compensation, this could be an injunction forcing the neighbours to amend the property to stay within their boundary .... or it could be some other ruling.

Of course, if they have not built according to the plans to start with, then I'd imagine that does put them even more on a back footing than if they'd simply encroached on your space.

rajp

Pssst wrote: »

A photo would be useful? Its common for gutters to overhang but significant encroachment would surely be obvious during construction? From your description,it sounds like significant encroachment? it sounds expensive both for your neighbour and for you to prosecute. Perhaps a compromise is in order? Always be very sure when litigating re border disputes...

Yeap - so 1st attempt will be to talk to them an get them to re-do their roof, they are fairly understand so far, and hopefully they will work with u on this.