Urgent advice please; builders have built about 10cm onto neighbours' land!

lstar337

rosie383 wrote: »

The letter was drawn up by them agreeing to this extra wall which would be built on the strip of land.
The internal wall of the extension is within our boundary.

Now I'm even more confused as to what has been built. :rotfl:

If you can post a photo, can you draw a diagram of it?

rosie383

I don't get why it is confusing as to what has been built, so much that I need to post a picture.
Next door's extension and our extension meet. A picture will just show two extensions up next to each other. That's it!

Similar to this picture:

http://www.willfalconer.com/wp-content/uploads/2012/11/DSCN5988-1024x768.jpg

Just not quite as big and the neighbour's extension is a bit lower than ours. If you can see where the line of the neighbouring fence is in relation to the edge of that new extension, that is exactly the same as ours. If you see the line on the original house where there is a phone cable or similar, imagine that our roof protrudes 10cm over that line.

wealdroam

rosie383 wrote: »

We didn't have a party wall agreement drawn up. Spoke to the neighbours about it and the wife actually works in a property solicitors firm and said that they were happy for us to go ahead as they trusted that we would make good any damage which may be caused. The letter was drawn up by them agreeing to this extra wall which would be built on the strip of land.
The internal wall of the extension is within our boundary.

I think it is possibly the talk of "extra wall" and "internal wall" which is making it difficult to understand.

How many thicknesses, or skins, of wall are there?

lstar337

rosie383 wrote: »

I don't get why it is confusing as to what has been built, so much that I need to post a picture.
Next door's extension and our extension meet. A picture will just show two extensions up next to each other. That's it!

Similar to this picture:

http://www.willfalconer.com/wp-content/uploads/2012/11/DSCN5988-1024x768.jpg

Just not quite as big and the neighbour's extension is a bit lower than ours. If you can see where the line of the neighbouring fence is in relation to the edge of that new extension, that is exactly the same as ours. If you see the line on the original house where there is a phone cable or similar, imagine that our roof protrudes 10cm over that line.

What you think is an impeccable description, is confusing a few people here, including me. It may be obvious to others, I don't know.

But what you have described as their wall, your wall, and an extra wall is confusing. What is an extra wall? Where is it? Do you just have a random extra freestanding wall somewhere? If it is not freestanding then it is not an extra wall, it is simply the wall. If your buildings are attached, then there is only one wall.

EDIT: Wealdroam has got in before I had a chance to reply, but is right on the mark.

rosie383

Three I think. The extra one then our cavity wall. From the outside it isn't visible as the external red brick layer encloses the whole thing.

lstar337

rosie383 wrote: »

Three I think. The extra one then our cavity wall. From the outside it isn't visible as the external red brick layer encloses the whole thing.

I'm failing to see the point of this extra wall. What is it meant to do?

rosie383

I could be wrong, but it was the architect who suggested it as a way of filling in the gap of 10cm which would exist between the two extensions if we only built up to our boundary. The fact that their wall was not in great shape, means that if they decide to knock their extension done and build a new one, they have a good, solid wall to use as their side wall.

lstar337

But why leave a gap at all? Your wall could have just been built right up against theirs. Unless it was an after thought that was bodged in?

Land_Registry

rosie383 wrote: »

I was just reading up on adverse possession. It seems pretty clear that because this strip of land has been on our side of their extension for many years, then we can rightfully claim it even if they can show legal title to it.

I'm not sure exactly how many years, but the neighbours said that they have lived there for around 14 years and the extension was built quite a while before that by the previous owner. No idea how long.

Am I right in this thinking? And would we need a legal document to show this adverse possession?

Adverse possession can be an option but the law is very complex around it. Our Practice Guide 4 explains what is required from a registration perspective.

So you have a whole raft of options available to you but deciding on the 'best' one to take is a decision you should only make after seeking legal advice.

Your neighbour appears to have done that and their suggestion is a form of agreement and a transfer of ownership. It may be worth reflecting on that with your own solicitor and considering the alternatives.

It reads as if there is quite a mix to what was done and wh and what the 'best' solution might be. And that would be taking into account the physical practicalities re the need for a new wall/old gap, how much either option will cost and what stresses and strains are created as you try to agree on what is 'best'

I hope you find the 'best' way for you and your neighbour to resolve this

Furts

There are a lot of posts but it seems to me to boil down to the following:

The neighbours should have been consulted in advance and subsequently shown the drawings that had been agreed on. Savvy neighbours would have retained a copy of these.

The property is a semi-detached. With this in mind it is child's play to determine where the boundary line is. Logically it is the centre line. Hence I am puzzled why OP expresses little knowledge of the location.

OP says the Architect drew a 100mm gap. This is both sensible and good practice. Basically, it avoids disputes. However, OP has decided to over rule advice that she has paid for and plough her own furrow.

It does not matter if it was the builders' error because the error is so glaringly obvious that OP must have spotted it, or colluded with it.

If it was a genuine builder's error then they must be prepared to knock down and put the works in accordance with the drawings

Spurious reasons are put forward like "damp" and "debris". This is fine if the neighbour is a fool and believes this. However the neighbours are clued up.

If I had received such a joint approach from the builder and OP's partner I too would have taken umbrage. Do not misunderstand my approach - I am a reasonable neighbour who wants to remain on good terms with all those around me. However I do not like people trying to be fly with me me. If this happens my "reasonableness" starts to dwindle.

The only way forward is to eat humble pie and play along with the neighbours.