Neighbour extension built over boundary

francohoops

We bought our house just over 5 years ago. The previous neighbour had extension already built when we moved in. They've subsequently sold the house to new neighbour about a year ago.

We started work last week on our new extension. Builder today tells us that neighbour's extension is over the boundary and encroaching on land- net impact we lose c8-12 inches of space that we could have had (when you factor in required gap between walls). Also fence line now follows the line of neighbours extension which I’m assuming is incorrect.

None of this came up when we bought the house or more recently when our architect drew up the plans for our extension. We also paid a surveyor to put a party wall agreement in place. We’ve tried to do everything properly and correctly.

Our extension will continue as we don’t want a delay – I don’t think we can ask or would expect them to demolish their extension.

Relatively new neighbour, it’s not her fault –I’m keen to try and do this as amicably and pragmatically as possible whilst maintaining my position as best I can

Other complications – their extension looks very ropey – foundations not very deep, piece of timber used to bridge drain – our builder was clear that we should not consider using their wall as a party wall.

So, what are my options and who should I speak to for professional advice?

Who rules/decides on where the boundary line is?

What happens if we decide to sell our house in a few years? Will potential buyers be put off/expect a price reduction due to the loss of land?

Why did the council building inspector sign of their extension which looks poor quality and is encroaching my land? Can they be held to account? How would I find out?

Can I request that my neighbour re-sets the fenceline at least to reflect the boundary line?

I’m just trying to establish a realistic outcome here and any good advice about where to go for advice.
Thanks in advance

Warwick_Hunt

You were happy with it five years ago so deal with what you now have.

TheCyclingProgrammer

Trust me as somebody currently going through boundary issues, this is probably something you’re going to have to live with.

It wouldn’t have been the building inspectors job to sort out boundary issues.

The owner who built the extension may have had permission to build astride the boundary which is permissible under the party wall act so long as the adjoining owner agreed. That would make that wall a party wall.

How far over the boundary is it? Bear in mind that your title plan will only show the general boundary and will not show it precisely.

If it’s a party wall then the fence may also be sitting on the established boundary.

If you’re not able to use this party wall as a wall for your own extension, how do you propose to build your extension without leaving a small gap?

stator

Forget about it. Boundaries aren't that precise. Don't take boundary advice from a builder, they don't know what they are talking about and often just repeat nonsense they heard from a mate.
Build your extension safely and then get on with your life. Unless their wall is a clear hazard you can't really do anything about it.
Don't start a boundary dispute, this will affect your ability to sell the house far more than losing 8 inches of garden.
It's common for the second house to build an extension to lose a bit of space, it's just what happens.

Davesnave

As others have said, deal with what's there and don't get into disputes over piffling slivers of land worth next to nothing. When you sell, people will do as you did and accept what's there.

The neighbour's extension was probably built on the boundary by agreement so that it could be used as a wall for a future extension of your house. Now, your builder is advising you not to do this, which I can understand, but his alternative of leaving a 20-30 cm gap is not a great option either. It will just be an inacessible dead space, impossible to maintain.

I'd consider building up to the existing wall using good foundations and a new wall, so that whatever happens in the future, my wall would be secure. I did something similar on my last house, where the main building had only 25cm foundations and my extension required over 1m. In the past foundations were much shallower, yet there are plenty of 1930s/40s houses still selling well today and sitting on them.

While I understand your builder's reluctance to undermine the foundations of the neighbour's extension in building yours, there are ways and means. I think he's trying to make things easy for himself.

missile

Davesnave wrote: »

.... I think he's trying to make things easy for himself.

That was my thought too :beer:

Debbie_Savard

Not using the existing wall it stupid. Sounds like you've got cowboys in and no mistake!

missile

francohoops wrote: »

.... Our extension will continue as we don’t want a delay ...

This is a big decision, act in haste and repent at leisure.

I would speak with your architect and get another builders opinion before proceeding.

fezster

As has already been said, why not use the existing neighbours wall as a party wall? Speak to your architect asap and do not rely on anything the builder is telling you.

rob3001

francohoops, what was the outcome to your boundary issue?


We have a very similar issue. The next door neighbor built a new house and when he put up his fence he bolted it to the front of our garage. There should be a 6 inch gap between the side of our garage and the fence (the boundary line). Because of this, the guttering on the side of the garage and also the garage foundations are in his garden.


We moved in after the build was completed so had no say in where he put the fence. The previous owner was renting out our property at the time so had no real interest. He said that he didn't give permission for the fence to come off of the garage but just let him get on with it.


I realise we are not talking about a lot of space but he must have known what he was doing at the time and I feel that he has taken the p**s.

Doozergirl

rob3001 wrote: »

francohoops, what was the outcome to your boundary issue?


We have a very similar issue. The next door neighbor built a new house and when he put up his fence he bolted it to the front of our garage. There should be a 6 inch gap between the side of our garage and the fence (the boundary line). Because of this, the guttering on the side of the garage and also the garage foundations are in his garden.


We moved in after the build was completed so had no say in where he put the fence. The previous owner was renting out our property at the time so had no real interest. He said that he didn't give permission for the fence to come off of the garage but just let him get on with it.


I realise we are not talking about a lot of space but he must have known what he was doing at the time and I feel that he has taken the p**s.

The fact that your guttering overhangs his land makes it his problem when he comes to sell, eventually.

In the meantime, I can't see you doing much useful with 6 inches the wrong side of your garage, can you?

Worry about something else. Or just stop worrying about it.