Neighbours want to build and overhang my land

lush_walrus

Ok, the situation is the stage to object to the plans was at the planning stage, you should have received a letter at the time from the planning department bringing the application to your attention. It is then for you to either ignore it, or write to the planners with your objections.

Assuming that the application is still within its time period of 5 years (to check this if you do not know from memory is to check in the conditions of the permission, its normally on the second page of the permission letter. You can search this on line, by going to the planning section of your local authority and typing in the address and all documents should appear, if not call the planners. A duty planner is normally available in the mornings.

If it turns out that the permission is within the 5 year period, then there is nothing that can be done about the plans.

Although, in order to build, your neighbours must appoint a party wall surveyor (under the Party Wall Etc Act) and you must have one too. Basically, this is to ensure that your neighbours in building their extension do not undermine any of your structure, cause any damage etc etc.

BUT, check the date first, if it is outside of 5 years, then your neighbours will have to re-apply and then you will have your chance to object regarding the plans.

Macnab

Had exactly the same thing with our neighbours plan, their new garage roof overhung over our fence, with the wall right up close to fence. Didn't do anything in writing but went to speak to them and they've had the plans altered. Building hasn't started yet though. Never even considered the footings, wonder what the situation is in Scotland all the building regs seem so different to England and Wales

Debt_Free_Chick

beara wrote:

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?

Strictly speaking, the overhang will be a tresspass on your land, if they build it that way without your permission.

They should ask for your permission and if you agree, you need an easement in the deeds to record that you've agreed. I think you can charge them rent too But it will make their property a nightmare to sell with this kind of issue - and might possibly be an issue for you, if you ever sell.

Far better that they adjust the size of the building so that there is no overhang. Also, so that the footings don't encroach on your land. Then, all they need is your permission to access your land for the purpose of building the extension - they need this even just to put one foot down on your land. But, in practice, they are likely to need to move scaffolding over your land and possibly erect scaffolding, temporarily, to complete the work. In normal neighbourly situations, I can't see that a neighbour would object to this.

As another poster said, I think (but not sure) that this temporary access to your land is covered under the Party Wall Act anyway.

As for allowing them to build the footings on your land and then claiming 1/3 of the value of their land ... you might want to think about the way this might affect neighbourly relations; the cost of taking legal action; and the fact that you will both probably have to declare a dispute if either of you sold. I feel sure the Court would also want to know why you did/said nothing, allowed them to build, and then simply sued them.

Regards

beara

Thank you again, all who've commented, we'll take it all on board. I would like to point out however as the original poster, that I wasn't the one who raised the 'claiming 1/3 of the value of their land' as this seems to have become the perception that I was after compensation:D

As it's being dealt with amicalbly and we're raised many of those points with them, I'll await the next stage with them and if it comes to it we'll engage the services of a party wall specialist. I am not, however, prepared to accept any digging or overhang onto my land, but would allow access for scaffolding.

Again, thank you all - I'll work my way through the posts and thank you on the links

Debt_Free_Chick

beara wrote:

I am not, however, prepared to accept any digging or overhang onto my land, but would allow access for scaffolding.

That's pretty much where anyone else would expect to end up.

We're building an extension that will adjoin our neighbour's drive (over which we have access) but neither footings nor building overhang will encroach on their land.

Our builder's vehicles, scaffolding, skip & associated paraphenalia have, however, been "squatting" on said neighbour's land for some three months now! Thank goodness we are all (so far!) on good terms.

Regards

strud41

I got a booklet about party wall act from our local council when we had issues! try there as well:)