Encroaching existing extension

kieran85

Hi,

Looking for some help. My wife and I recently had an offer accepted on a property. On our second viewing, I noticed that the neighbor's rear extension encroaches by about a foot into the properties boundary which we are currently buying. Furthermore, the single storey extension also has two high level windows on the boundary wall which directly overlook the garden.

I have had a look on the council planning portal, and there is not trace of the extension, therefore it has lead me to believe that it pre-dates there electronic system. I thereby conclude that it has stood for longer than 12 years.

Is there anything I could do if I continue the purchase of the property? Should I be deterred? Would the windows prevent me or anyone else for that matter potentially extending in the future? Would I be able to use their wall which currently saddles our boundary as a party wall and get them to block up their windows?

Thanks for reading, any help would greatly be appreciated before we go any further.

parking_question_chap

kieran85 wrote: »

Hi,

Is there anything I could do if I continue the purchase of the property? Should I be deterred? Would the windows prevent me or anyone else for that matter potentially extending in the future? Would I be able to use their wall which currently saddles our boundary as a party wall and get them to block up their windows?

Thanks for reading, any help would greatly be appreciated before we go any further.

No you could not get them to block up their windows if the extension has been there that long. Plus think about how that would come across as a new neighbour. Their windows have been as they are for over a decade and you roll up and ten minutes later knock on their door and ask them to fill them in! Think they would be within their right to tell you two words, one of them being "off".

The extension may have got permission pre 2008, when (I believe but others may correct me) the regs were changed and first floor side windows needed to be obscure glazed.

The windows would probably not prevent you extending, as if the above is correct, any windows you proposed would need to be obscure therefore preventing you seeing into eachothers houses.

dimbo61

You need to get clear answers from your solicitors about this.
If you could take photos and check the plans/title with the Land Registry before making an offer or paying for a survey

Cakeguts

You are not going to get them to block windows where they have had a view of a nice garden for many years. I would suggest that if you don't want them to be looking directly into your garden that you look for a house without this type of extra problem.

If the house appears to be cheap for what and where it is this is why. It has a problem.

BLOW_FLY

OP, withdraw your offer and look for a different house if I was you, you'll never resolve this.

BF

Davesnave

parking_question_chap wrote: »

The windows would probably not prevent you extending....

Unless they have been there for 20 provable years, in which case a right to light would have been established.

However if you were to extend and block the light because it's legally possible, don't imagine that this would be the end of the matter!

dimbo's advice is good. Don't invest too much money or emotion on this one until you know more about how the situation might affect your longer term plans.

Leo2020

Not sure why the potential neighbours would have built like this. They risked having their neighbours build a fence, grow plants/hedge infront if their windows, or their neighbour also building an extension.

It would put me off as a buyer as I would feel overlooked. If you ever plan to move again you need to think about resale and if it would bother future buyers.

System

If they're high level​ windows, presumably there's no view from them, they'll just be there for natural light.

Land_Registry

dimbo61 wrote: »

You need to get clear answers from your solicitors about this.
If you could take photos and check the plans/title with the Land Registry before making an offer or paying for a survey

The registered details will show the general boundaries only so very unlikely to resolve the encroaching by a foot aspect as that distance is simply too small to show up on the plan.

Yes check the title details but at this stage I would simply be raising the issue and seeing what reply the seller provides

n217970

This is akin to buying a house at Heathrow and complaining about the plane noises.