Porch Extension Previous Owner Built

keystone

noirenex wrote: »

The guy seems nice to be honest,

So did Tony Bliar.

he said he has no objection to it, he just wants it to be above board.

If he has no objection where is the problem? The time to make this above board was when it was built and put an obligation (if such an obligation such as he wants to to sign be actually required in this case) on the then owner of your property and his successors in title (ie you now) although not necessarily in the deeds. Poster above is correct - why was this potential dispute not highlighted when you purchased the property? Because he's messing you about in the same way he messed everyone about previously. If it was a real issue it would have been done properly not by signing some sort of side agreement with each and every occupier of the property which will then be used against you at every possible opportunity I'll bet. Ask yourself what does he mean by "above board"?

From the sound of it the guy who built it wasnt a nice guy and he built it while he was on holiday.

"From the sound of it" is hearsay and thus has no validity. If it magically appeared whilst this fellow was on holiday then he would have had the absolute right in law to have it removed from his property and the neighbour who built it charged with criminal damage to his property. Therefore, he either gave permission for it to be built whilst he was away or he gave retrospective permission for it after he came back. Its still there isn't it?

If i am liable for damage anyway then i dont see the problem signing this?

Will you please direct us to the authoritative independent advice that you have received saying that this is the case. If that advice is based on the neighbour saying you are liable then there is no hope for you - so just go ahead and sign. Personally I'd rather demolish the wretched thing than sign this paper without getting the issue addressed properly.

Am at a total loss to understand how it can be that you put your burning desire to be nice to an individual whom you don't know from Adam above and beyond any personal, legal or financial considerations of your own without fully understanding the potential implications of what you are doing. You paid a solicitor to get you into this property. For pitys sake go and see him with this document and get his professional advice.

However, you seem determined to sign it irrespective of any potential downstream consequences and despite advice you have received here to the contrary. I really don't understand why you posted in the first instance unless it was just to get approval for what you've already decided to do. So I'm done with this thread TBH.

Good luck.
Cheers

noirenex

Hi, thanks again, sorry for messing you about, I guess I'm just naïve, I have tried to get in touch with the
solicitor to no avail, apparently the neighbour told the estate agents about this before and they didn't even mention it to me. I suppose my main concern is if he has the power to knock it down or force me to? This is my first home after living with mt folks so I don't know how all this works... Ill consult citizens advice and check with a diffferent solicitor as my current one doesn't want to know

P.s I've not made any decision about signing, I really don't want to unless I have to...

keystone

noirenex wrote: »

Hi, thanks again, sorry for messing you about, I guess I'm just naïve,

See how easily I can be persuaded? Actually naive was a word I was desperately trying to avoid using here.

I have tried to get in touch with the solicitor to no avail, apparently the neighbour told the estate agents about this before and they didn't even mention it to me.

You realise you may have a case against the estate agent don't you if they did not declare something material of which they were aware.

I suppose my main concern is if he has the power to knock it down or force me to?

He cannot knock down your property. That would also be criminal damage. If he tried to get it removed now (as he would have had the right to request when it was built if it was so built without his permission) then I think a lawyer would argue that he has given up that right since he has accepted its existence for the past 6 years.

This is my first home after living with mt folks so I don't know how all this works...

Have come to appreciate that so am sorry if I've been a little harsh in some of my postings. At best I think your neighbour is taking advantage of your nice nature.

Ill consult citizens advice and check with a diffferent solicitor as my current one doesn't want to know

CAB are, to be honest, a well intentioned waste of space. Does your household insurance provide you with legal cover? You might try getting advice via that route. Is this solicitor the same one that did the conveyancing for you on the purchase? And he doesn't want to know??? Oh dear - I'd ask him what he thinks the Law Society would make of that!

P.s I've not made any decision about signing, I really don't want to unless I have to...

Please don't until you have established exactly what your rights and obligations are in this matter. You purchased the property with this erection in place and not having been advised of the potential problem so this nonsense is not your fault.

Cheers

CouponWoman

DO NOT SIGN THE FORM

You do not have to sign anything at all. If your neighbour has a problem with the extension there is now nothing much he can do.

If at any stage he believes the extension is causing him a problem he will have to take it up with his insurers.

If you sign the form and then receive a bill for £20,000 you could end up paying as you have agreed to be responsible.


The moral of the story is SIGN NOTHING, and do not accept any responsibility for any potential damage.

Your neighbour is bullying you.

ormus

i refer the OP, to my previous post.

vivatifosi

I'd go back to the solicitor and ask where the paperwork is relating to this as they should have asked the other side to take out indemnity insurance. If the solicitor had failed to do their job properly and picked up on this you should complain to them. If that them fails complain to their professional body, see: http://www.legalcomplaints.org.uk/home.page

Do not sign anything until you resolve this.

I also refer to keystone's post about possible action against the estate action for failure to reveal material facts. Also check whether the surveyor missed material points.

The Consumers Association "Which Legal" service provides excellent low-cost advice so you may want to ask whether they would be able to help you (if you do use them you would need to write letters yourself, they tell you how to do it). When we bought the house we had troubles with, we used Which Legal to put a case into the small claims court very similar to yours, but against our surveyor who had failed to pick up the issues. They settled out of court.

Mojisola

noirenex wrote: »

He wanted to add another clause into it that would allow him to use a 3x4 section of my wall at the rear of my property, hence his willingness to have it reviewed I think.

This suggests that he may have an alterior motive.

Don't sign anything.

If there are problems with the porch, there are legal ways for him to resolve them without you having to sign anything.

Stand your ground and don't sign anything.

Debt_Free_Dreamer

Go back to the Solicitor you used to buy the house. That is what you paid them for, to resolve issues like this 'before' you buy a house.

They need to find out how long this dispute has been going on. You should not be trying to deal with it yourself. You could make things a whole lot worse.

darich

Mojisola wrote: »

This suggests that he may have an alterior motive.

Don't sign anything.

This is a good point.
Regrdless of whether you sign any documents and regardless of the porch at the front of the house, I'd advise against giving permission for the neighbour to build against your wall/prpoerty which may be something he's considering. He may even approach from the perspective that you have something against his wall so you should allow him the same. The thing to remember is you didn't ask for permission nor did you build anything.....you simply bought what was there - you don't owe him anything or any favours.

Never sign anything accepting repsonsiblity for someone else's property - effectively you'd be giving him free reign to "concoct" some sort of repair or damage and expect you to pay the bill

iamcornholio

This "illegality" has nothing to do with planning permission.

The porch has been built off the neighbours wall and as such is causing a trespass. The porch has not had the required permission from the neighbour, and he, or a future owner can demand its removal at any time.

Signing a bit of paper acknowledging the neighbours agreement to the porch may be a good idea. The two items within the agreement would be incumbent on the OP in any case with or without the agreement