Neighbours want to build and overhang my land

beara

My previous neighbours wantede to build a two storey extension where their driveway is. Having just done a similar two storey extenson it would have been churlish to refuse in principle, even though it would darken and close i my garden. However, they then moved and the problem went away. However, my new neighbours are now considering building and have dug out the plans. It has been given permission by he council - previous neighbours obtained the permission. However, the plans are basic and show the end wall being right up onto the boundary line, and the guttering ovehanging. Can they overhang without my permission?

ahll

I believe it would be very easy for them to build in the gutters so it wont overhang you land. I had an Architect around to give me advice about an extension and thats what he told me

So it wouldn't hurt to ask them to change it

allycat999

If the wall is going to be right on the boundery. then the footings for the wall are going to be on your land as they must obviously be wider than the wall. Have you given them permission to dig up your land??

chatta

This happened to my parents years ago, and the overhanging gutters on neighbours extention now mean my parents can never build up their property. And to add insult the gutters leak and cascade onto there flat roof garage. I agree with other poster challenge this.

Julieboo

If they build right up to your boundary how are they going to get right of way through to their back garden, presuming they have one?
I nearly bought a house who had built right up to their right of way and they had a gate by which you could only use it by walking on the other property's land-needless to say when I found out about this I didn't buy.

beara

Thanks all - we've already pointed that out to them that the footings would be on our land and that wasn't acceptable. We've also told them about the overhang not being acceptable as well (all in the nicest possible way as I don't want to fall out and they are good neighbours). Hopefully they'll understand. The last neighbour went ahead with putting the plans in complete with our fence being replaced by his wall, including a window from the back of the garage straight into our garden. I have informed my new neighbour that if he did that I'd be reinstating the 6 foot fence anyway as I'm not agreeing to it being up to the boundary.

His drive at the moment is at rightangles to our house and offset to the side. It extends past the back of his house by the width of a standard garden gate. My garden buts against his drive on two sides. His access into his garden according to the new plans will be through the new garage and out through a side door. If he has to move the extension away from the boundary to allow for footings etc then he doesn't have enough width for a door. He can't apparently pull the whole thing forward so it mattches his building line as there is then not enough driveway before the garage door (if any of that makes sense...)

OddjobKIA

They need permision of the owner to build on your land if they breach your boundry even with footings you are entitled to 1/3 of the value of their property ( little known law that lidil are constantly breaching)

In Bangor they have sunk 28 foot pins into cliff wall bordering Ubiversity land this constitutes a breach of boundries and they didn't have permision they had to pay the uni a fair sum or remove and repair the pins..

marybishop

I know I keep banging on about this on various posts but if I were you I would contact the RICS and ask for the name and number of a Party Wall Surveyor who can give you some advice (some give 30 mins free advice on the phone). This is a serious issue which needs sorting before anything is dug/built. Believe me if you have to try and sort it out once the works start it could get very nasty and costly. We have clients who have had to take their neighbours to Court over what sounds like an identical situation - the fees have run into thousands and the stress levels even higher! And it's still going on after two years.

HTH

George_Bray

OddjobKIA wrote:

They need permision of the owner to build on your land if they breach your boundry even with footings you are entitled to 1/3 of the value of their property ( little known law that lidil are constantly breaching)

This sounds interesting. Can you point to more detailed sources of information, please? e.g. Act, regulation or some sort of case law reference? Do you mean 1/3 of the cost of the new building work or 1/3 the value of their entire property?!

Regards
George

OddjobKIA

George_Bray wrote:

This sounds interesting. Can you point to more detailed sources of information, please? e.g. Act, regulation or some sort of case law reference? Do you mean 1/3 of the cost of the new building work or 1/3 the value of their entire property?!

Regards
George

I will try and get them for you but I am moving house on thursday so will be be a bit busy

Sponge

Surely the post suggesting you raise the matter with and seek advice from the planning office is more interesting than getting 1/3 of the value of the neighbours property? :S

Planning Officers are there to help and shouldn't be avoided.