Neighbour's overbearing extention

lstar337

DottyThistle wrote: »

I agree they have a right to extend, but surely they don't have the right to block the light coming in to my home,

With all due respect, unless their extension were made of 100% glass, how do you expect them to accomplish that?

Doozergirl

DottyThistle wrote: »

Unfortunately the full height of the extension has been built. Brick at the bottom with breeze block on top. All that!!!8217;s left to put on is the roof. It!!!8217;s gone up so fast.

Then that's it. You'll get used to it or you won't. It won't devalue your house.

Really, imagine trying to get someone to pull down what's already been built. It's always going to be a challenge!

It has nothing to do with the planning officer anyway, but what were they going to do about people coming onto your land if it's now at a point where it's stopped anyway? You needed to speak to the neighbour. No point complaining after the horse has bolted.

AndyMc.....

Doozergirl wrote: »

Then that's it. You'll get used to it or you won't. It won't devalue your house.

Really, imagine trying to get someone to pull down what's already been built. It's always going to be a challenge!

It has nothing to do with the planning officer anyway, but what were they going to do about people coming onto your land if it's now at a point where it's stopped anyway? You needed to speak to the neighbour. No point complaining after the horse has bolted.

So no compo then?

Doozergirl

AndyMc..... wrote: »

So no compo then?

They can speak to a right to light specialist but if it is outside the 45 degree angle and the house isn't worth that much, I doubt it's worth it financially. There has to be a reason why it isn't on many people's radar. Free money isn't something most people would sniff at.

DottyThistle

There may not be anything I can do about the size of the extension now, but they do not have a party wall agreement, and they entered my property without permission while I was away, causing visible damage. I don't know if there is any other damage that can't be seen or still has to materialise. So I'm now going to concentrate on what my legal rights are and what they should do to put it right.


Thank you to everyone who has posted constructive comments and advice. I do appreciate them.

loveka

I know the answer to that.

You can get an injunction to make them stop until a party wall agreement is in place. As long as the build isn't actually finished you can still do this.

Or

Take them to court for the damage. You can do a small claims for this.

Take lots of photos as evidence. Write to them now detailing the damage they have done. Tell them they can't enter your land without permission.

I have been there, got the t-shirt, taken the antidepressants and now moving house. It is utterly depressing.

lstar337

loveka wrote: »

I have been there, got the t-shirt, taken the antidepressants and now moving house. It is utterly depressing.

And never worth it, I think you'll agree.

Doozergirl

No, a party wall agreement is entered into before works start and is obsolete once they have been completed. There is no penalty for not having one, the Act is a rather toothless piece of legislature if you don't assert your rights at the correct time.

Doozergirl

loveka wrote: »

I know the answer to that.

You can get an injunction to make them stop until a party wall agreement is in place. As long as the build isn't actually finished you can still do this.

Or

Take them to court for the damage. You can do a small claims for this.

Take lots of photos as evidence. Write to them now detailing the damage they have done. Tell them they can't enter your land without permission.

I have been there, got the t-shirt, taken the antidepressants and now moving house. It is utterly depressing.

You don't know the answer. The only work applying to the party wall is the neighbour's foundations on a semi detached house if the new wall isn't straddling the boundary as a new party wall. Once completed, there is no possibility of an injunction. In reality, there never is an opportunity as foundations on small works are complete within a couple of days.

Damages without a PWA still need to be demonstrable and with the last litigation solicitor I dealt with costing £220 plus VAT per hour, you need considerable damages.

This is all 'asserting one's rights' after the horse has bolted. It's bluster.

Jackmydad

lstar337 wrote: »

And never worth it, I think you'll agree.

I was just going to post that it sounds as if the extension is "fait accompli" and that nothing is going to really change that now.
Further action is only going to increase ill feeling, and will in all probability change nothing.
There is no guarantee of getting anything back in any legal case, and it's going to be a load of hassle and worry.
Unless I had suffered considerable and inarguable financial loss, I'd be extremely loathe to go down any sort of legal or official route.