Neighbours extension appears to be on my land

msmyth18

Hello
I recently purchased a house and I am currently renovating it. Having spent a lot of time in the garden I have noticed that the neighbours extension (semi detached) is almost definitely over my side of the boundary wall by about 8-10 inches. It is also quite badly built and isn't tied into the wall of the house and as a result a 1/2 inch gap in the mortar has developed as if the extension is tearing away from the house.

This was built well before we purchased the house (cira 2003)is there anything we can do about it?

We would like to extend in the future and with their extension where it is we would have to have a party wall!

Dimey

You'll have to wait for knowledgeable folk to post the answer for you.

Meanwhile as it's been there since 2003, I wonder whether other posters would know whether you could ask for rent from them? (Edit- ground rent - semi joking.)

Certainly first check Land Registry maps. What did your solicitor searches show when you bought your house. Did the vendor disclose about the neighbour's extension. Did your surveyor pick it up?

What does the council planning dept website show about the plans for the extension? You could also look at what building regulations were applied.

DirectDebacle

We would like to extend in the future and with their extension where it is we would have to have a party wall!

You probably already have one. If the extension was built post 1996 then The Party Wall Act applies. Ask your neighbours what they know about the history of the extension and make your own enquiries.

keystone

msmyth18 wrote: »

I have noticed that the neighbours extension (semi detached) is almost definitely over my side of the boundary wall by about 8-10 inches.

That doesn't make sense. Do you have the word wall in the wrong place? I suspect that you mean that the his wall extends 8 - 10" over the boundary?

Is very difficult from the title plan (you know where it says that which is outlined in red) to absolutely fix the position of any open boundary to within about a foot so that your idea of where it might lie and your neighbours idea might mean anything up to a two foot discrepancy.and there has to be some leeway. However its easier between two houses as if it runs slap down the middle of the gap by measurement at each end of the gap its simple to do.

So if the neighbour had intended to build his wall right up to the boundary that means that the foundations, at least, are trespassing on your property.

Assuming that its a full brick wall then actually a simple mistake by the builder could account for the wall itself being over the boundary - if he's built it with the inside edge where the outside edge should have been and nobody noticed until it was too late.

It is also quite badly built and isn't tied into the wall of the house and as a result a 1/2 inch gap in the mortar has developed as if the extension is tearing away from the house.

Nice information but not really relevant except that you can look forward to reclaiming or at least discussing what you think is your land when it falls down.

This was built well before we purchased the house (cira 2003)is there anything we can do about it?

Was it built in 2003 or did you buy the house in 2003? Its not clear from this sentence (yes I know you said recently at the top of your post but "recent" is varible). What do you want to do about it?

We would like to extend in the future and with their extension where it is we would have to have a party wall!

Neither of you should really build right up to the boundary and if the thing is falling down anyway then it would be very rash to even consider using it as part of your future "might be" extension. Concentrate on the now for the moment.

I think you should discuss with the neighbour initially and if you can't agree where the boundary is then get an independent surveyor in to say where the boundary lies and take it from there.

Cheers

Land_Registry

Not too much to add as others have already explained how precise the title plan might be - it's purpose is to show the general boundaries only as invariably the boundary is already clearly defined on the ground by physical structures such as a wall, fence, hedge, ditch etc

Our online Public Guide 19 explains this in a bit more detail

jonnyb1978

Land_Registry_representative wrote: »

Not too much to add as others have already explained how precise the title plan might be - it's purpose is to show the general boundaries only as invariably the boundary is already clearly defined on the ground by physical structures such as a wall, fence, hedge, ditch etc

Our online Public Guide 19 explains this in a bit more detail

Hardy a professional answer. The house next door to us is empty. Shall I just move the fence over 3 feet. New owners wont query as stated above the boundary has been defined by my fence. People do unknowingly do move boundaries you know.

terryw

jonnyb1978 wrote: »

Hardy a professional answer.

Hmm. The Land Registry rep is always helpful and is well-respected by the vast majority of MSE readers.

jonnyb1978

terryw wrote: »

Hmm. The Land Registry rep is always helpful and is well-respected by the vast majority of MSE readers.

Maybe so. I dont deny that nor do I dispute his/her knowledge. That does not mean every answer they give is 100% spot on. You can not just use the assumption of the existing fence, wall etc are definitely your boundary.
Most are like this but like I say people do move the boundary fences etc to get a more space, hoping nobody will notice.

Leif

If it was built well before 2003, then even if the extension was on your land, it isn't any more, they have established a right to that land. You can check online the timescale for this, it is 10 or 12 years. Had this been recent, you could have used a surveyor to establish the likely lie of the boundary, and then enjoyed an expensive legal battle. Solicitors love boundary disputes almost as much as divorces. I was chatting to a friend yesterday. He said to a solicitor friend something like "You are parasites who feed off misery", and the solicitor said something like "Spot on".

keystone

Aquisition of land under adverse posession is not automatic. It has to be applied for. If neighbour thinks it's his land anyway and therefore built on it he won't be making such application any time soon and even if he does under the 2002 Act OP has the right to object to the application. So to say that the land in question is no longer the OPs is, sorry Leify, incorrect.

The most important thing right now is to establish where the boundary is which might not be the same as where OP thinks it is and might not be the same as where the neighbour thinks it is.

Cheers

Leif

Keystone, you are clearly trying to be offensive, but don't call me Leify. I see no reason to be rude to you in return.

Secondly, although you might enjoy a rather fruitless argument, in reality - assuming the original description is accurate, and assuming I have not missed something - the neighbour satisfies the requirements of adverse possession. The OP needs to think what they will achieve by engaging a surveyor (which is probably the only realistic way to establish the most likely position of the boundary). I know from personal experience of almost exactly the same scenario that it can be a futile experience. The problem is that boundaries are purposefully not specified to any degree of precision on deeds.

And I'm not sure this was mentioned earlier, but the OP moved in knowing the situation so in a sense they have acquiesced to the facts on the grounds.