Reclaimed Boundary?

rune2000

Anyone any insight on this one?

I bought a house ,which I rent out.I visited the property today and to my surprise the next door neighbour has built a single story extention ( so probably no planning consent needed) but within where my fence used to stand. Yes he just took the fence!

When I bought the house I took the fence to be the boundary.The fence is really old (1970s) so I would assume that should continue to be the boundary?

He has also moved a shared drain and left me with some duck taped guttering piping leading to his new drain.

What advice can you give?

Many thanks in advance

lynzpower

Id be speaking to your local authority planning department about this.

My guess is he would have needed PP. Smaller jobs ( such as a new window or a shower room internally) need PP. Im just guessing tho I dont know.

Speak to the planning dept & get some clarity.

rune2000

Unfortunately he does not need planning permission,and by all accounts not even mine, to steal my land and fence and crawl all over my roof!!

lynzpower

are you sure of this? I cant believe it!!! Madness !

lynzpower

there are a lot of "ifs" around tho on this I found
http://www.stockton.gov.uk/resources/environment/planning/pp_extension_faq/
look at the bottom bit it says
If the proposed development is not wholly within land in your own ownership (this includes the overhanging of guttering and foundations) planning permission will automatically be required.

Please check whether you will require building regulations approval.

If you live in a councillor former council house please check with this Council's legal division as your property may be covered by a restrictive covenant.

lynzpower

and here

http://www.planningportal.gov.uk/england/genpub/en/1011888239505.html

within 2 metres.

Id say looking at this that given the fact that hes taken your fence out it means he DOES have to have PP.

But im no expert im afriad

rune2000

this is all great stuff...keep it coming!
thank you so much

silvercar

if he has built upto the boundary wall, chances are his footings (below ground) could encroach on your side.

even if he doesn't need PP, he will have needed building regs consent. different council dept so contact them.

marybishop

He is also in breach of the Party Wall etc Act, the 'etc' bit being the important bit! Check it out on the RICS website - this could have legal implications if you wanted to sell.

GabbaGabbaHey

rune2000 wrote:

When I bought the house I took the fence to be the boundary.The fence is really old (1970s) so I would assume that should continue to be the boundary?

Not necessarily. Your property's boundary should be documented on your deeds and in the Land Registry entry (assuming that your property is on the registry). The fence may, or may not, run along the boundary.

Suggest you have a look at http://www.gardenlaw.co.uk/ - lots of good stuff there about exactly this sort of issue.

BobProperty

rune2000 wrote:

Unfortunately he does not need planning permission,and by all accounts not even mine, to steal my land and fence and crawl all over my roof!!

Come on people, it's highly unlikely the fence is over 2m out of position so chances are this development is within 2m of the boundary and would normally need permission. If he has been on your land that is trespass (not that you may have suffered much damage from that) but if the gutters or foundations or anything else overlaps your land the trespass is continuing.
I'd be contacting Planning, Building Control and a solicitor ( and thinking about digging a deep trench for some work I'd just thought of which needs excavating along side their extension to a depth of about 1m :eek: )