Planning Permission, Extensions & the Law - Advice Please

savedalot

Thanks, everyone, the advice is appreciated although it doesn't sound like good news. The 45 degree thing won't apply in this case. Did receive plans from the council but only a few days ago hence the panic to pen a letter of objection in time. Anyone know what happens about the shrubs (mine) etc. that will be destroyed, can I insist they're replaced? I assume this is a legal thing not a planning matter. I don't really want to get involved with solicitors but did I ought to consult one?

frequent

Never Enough

The neighbours don't have the right to put foundations in your garden, but if it is a party wall and they are going to pay for the works then its not a bad thing, and if the foundations are built correctly, you could use them to build up on your side to. ( check load calcs here )

But it has to be done under coperation and with all the legals sorted before work commences.

I have had this problem before and used the law to straighten it out, neighbour tried to grab end of my garden..spend over 2k doing it, I had it demolished by the local council who promptly sent him the bill for demo work

frequent

saved alot, every single item that is destoyed or damadged during the works process is your neighbours liabilty, personally, i'd get a cam corder or digi camera and make itinery of everything likley to get damadged including your walls, plants, grass..the lot, and make sure that when the party wall agreement is made, that these items are included into it.

savedalot

Thanks, Frequent. Our posts crossed but several good points there that I can put in the letter. This is exactly what I need to buy time really til I can really get act together. There does seem to be a difference of opinion, though, on whether or not a neighbours foundations can go on your land without your permission.

Also, thanks, Sneekymum, will have a look at that.

frequent

You know that you could contact citizens advice about this to, i'm sure they put u in contact with someone who know's this stuff inside out (possible for free )

savedalot

frequent wrote:

saved alot, every single item that is destoyed or damadged during the works process is your neighbours liabilty, personally, i'd get a cam corder or digi camera and make itinery of everything likley to get damadged including your walls, plants, grass..the lot, and make sure that when the party wall agreement is made, that these items are included into it.

Yes, planned to do something like that. What do you all think about me putting up a fence on my side of the boundary just to establish the existing boundary? Neighbours own the existing fence and I'm just thinking of pre-empting a situation where the fence is taken down, nothing marks the boundary and I could lose some of my garden and end up with a legal battle to get the rightful boundary established again. Like your neighbour, Frequent, these people are liberty-takers and I wouldn't trust them to be honourable about anything.

frequent

get onto land registry, they will have a defined map of exaclty where the border is.

wouldn't bother with fence until u have a milimetre acurate measurment to put it on...

[Deleted User]

savedalot wrote:

Yes, planned to do something like that. What do you all think about me putting up a fence on my side of the boundary just to establish the existing boundary? Neighbours own the existing fence and I'm just thinking of pre-empting a situation where the fence is taken down, nothing marks the boundary and I could lose some of my garden and end up with a legal battle to get the rightful boundary established again. Like your neighbour, Frequent, these people are liberty-takers and I wouldn't trust them to be honourable about anything.

I think that is a great idea. The Land Registry may have a map of the boundary, but it's an indication of where it should be, it's not precise. Check out the Forum at www.gardenlaw.co.uk, they know everything about boundaries.

davsidipp

trouble is if the fence/wall has been in situ for twelve years they can claim it(land).gutters etc that overhang yourland are called aerial trespass.i am sure they can not put their foundations onto your land without your permission.use the party walls act ihave it works.also no work can be carried out untill this is finished.thay have to pay all costs.

sneekymum

See Here - http://www.communities.gov.uk/pub/411/PartyWalletcAct1996explanatorybookletPDF597Kb_id1131411.pdf - Paragraph 22

If the Adjoining Owner does not agree, in writing, within 14 days, to the proposed new wall astride the boundary line, you must build the wall wholly on your own land, and wholly at your own expense. However, you have a right to place necessary footings for the new wall under your neighbour’s land – see paragraph 23 - subject to compensating for any damage caused by building the wall or laying the foundations. There is no right to place reinforced concrete under your neighbour’s land without their express written consent.

Party Wall Agreements are generally not used where a project has gone for Planning Permission - it would be hard to claim that you knew nothing about it by that stage and "agreement" is really too strong a word as most things can be achieved without a neighbour's consent. (I submit over 100 Planning Applications a year - many with hostile neighbours.)