Extension wall issue

AndyMT

https://drive.google.com/file/d/1rk6iIDbXLACDnaONd8JMectZ4cn8nfbb/view

hi,

would really appreciate some advice on this.

i know my situation ultimately requires legal advice, i just wanted to get some idea of what i'm getting into.

see picture in link above.

so i bought a bungalow 2 years ago (UK). There's a side extension with a flat roof. This roof is supported by a wall that is in my neighbours garden.

I can only assume the neighbours at the time came to an agreement.

Behind this wall in my neighbours garden is his garage.

Now he wants to put a new roof on his garage. But he can't. My roof is blocking him. He wants me to replace my roof. I've had a quote. It's not cheap.

I would imagine my extension + roof has been around for some time. There's an old outdoor toilet behind the door in the picture.

If i assume the boundary wall is correct, where do i stand on this ? Is it likely i'll have to replace my roof ? Could there be a law that says if this structure has been in place for X years, i don't have to.

thanks all.

moneyistooshorttomention

There are only 2 possibilities about the "past history" of that I guess:

- previous owner of your house "took liberties" (maybe one of those situations of "waiting to pounce until neighbour went on holiday")

OR

- neighbour did agree to this, but was being a bit naive to do so.

Either way, I'd say the onus is on you to ensure they can go ahead with their project without your wall interfering with it. If that means a new roof for your extension = then so be it and that's what looks as if its necessary.

Options:
1. Do that new roof for your extension (the cost of it isnt the neighbours concern).

2. Ask a builder if there's any other way the neighbour can do what they've decided to in their garden and go with that (if the neighbour agrees)

3. The neighbour could just go ahead anyway and do what they've decided on in their own garden and you could find rather a bodge job has been done to your extension to accommodate this (as their builder couldnt see any other way to do it).

I think you've been quite lucky the neighbour hasn't just gone ahead and removed your wall from their garden and you found your roof felt was just flapping in the breeze. It could happen yet - if you can't figure out how to "reverse the situation" and get your wall out of their garden or swop your roof yourself (if your neighbour is prepared to accept that).

Aylesbury_Duck

As above. As things stand, your neighbour can insist you remove anything that sits on or overhangs their land. It looks like you have both - the supporting wall is on their land and your roof overhangs the boundary. You're relying on your neighbour being amenable to amending their plans but if they're not, it seems as if you have no option but to change your roof to make sure it is entirely on your land.

Was none of this evident or discussed when you bought the property, on the survey for example? It's visually obvious.

Cakeguts

I have no idea how someone managed to build that like that.

What I would like to suggest that you do is to rectify the whole situation by moving the extension wall out of the neighbours garden. The roof on your extension overhangs the neighbours garden as well.

Slinky

Are you absolutely convinced that the 'boundary wall' is actually on the boundary? Whose responsibility is it? Could it actually be the boundary is on the far side of the wall and the wall that appears to be in the neighbour's garden is actually on your land?

moneyistooshorttomention

Slinky wrote: »

Are you absolutely convinced that the 'boundary wall' is actually on the boundary? Whose responsibility is it? Could it actually be the boundary is on the far side of the wall and the wall that appears to be in the neighbour's garden is actually on your land?

The legal presumption is that people will fence to the full extent of their land - and, presumably, that applies to walls as well and the neighbours wall was obviously to the "full extent of their land" before previous owner of your house got cheeky and built a wall in your neighbours garden.

As it looks like the boundary wall is quite clear and you admit it's the boundary wall, then I cant see the boundary quirking out around your extension and then quirking back again. Rather unlikely in the event and I bet the Land Registry title plan is a straight line - rather than a line with a quirk in.

ProDave

How about another suggestion.

You have a felt roof, about the worst thing possible.

Your flat roof and your neighbours garage roofs are at pretty much the same level.

So how about you work together, and re roof the garage and your extension at the same time, using the same builder and sharing the costs?

You will get a better roof (do not choose felt again) and a reliable no seam "joint" between you and next door.

AndyMT

thanks all for your responses.

Are you absolutely convinced that the 'boundary wall' is actually on the boundary? Whose responsibility is it? Could it actually be the boundary is on the far side of the wall and the wall that appears to be in the neighbour's garden is actually on your land?

i can't be certain. it seems like it probably is though; going by the whole layout of the area.

another option is to knock the whole extension down; but that has other problems ... and no doubt will be the more expensive option.

particularly frustrating as i've just put funds towards renovating another part of the house. the builder wasn't here more than 30 minutes before the neighbour jumped on me.

i'm not trying to cause him any problems - even though he drives me crazy with his renovation noise - it's just frustrating i'm having to pay for previous owners misguided decisions.

thanks all

Cakeguts

AndyMT wrote: »

thanks all for your responses.



i can't be certain. it seems like it probably is though; going by the whole layout of the area.

another option is to knock the whole extension down; but that has other problems ... and no doubt will be the more expensive option.

particularly frustrating as i've just put funds towards renovating another part of the house. the builder wasn't here more than 30 minutes before the neighbour jumped on me.

i'm not trying to cause him any problems - even though he drives me crazy with his renovation noise - it's just frustrating i'm having to pay for previous owners misguided decisions.

thanks all

Yes but you bought it like that. If you hadn't wanted a house with an extension that had a wall on someone else's garden you should either have got the seller to deal with the wall or buy somewhere else.

AndyMT

i never picked up on it. not did my neighbour - surprising since he's in the building trade.
and surveyors both sides didn't.
just chalk it down to life sucks i suppose.

moneyistooshorttomention

Cakeguts wrote: »

Yes but you bought it like that. If you hadn't wanted a house with an extension that had a wall on someone else's garden you should either have got the seller to deal with the wall or buy somewhere else.

I would agree that the OP almost certainly didnt notice this.

Why would a buyer be looking out to see if the vendor of the house they were interested in was trying to pull a stunt that might come and bite said buyer on the backside?

I do feel sorry for OP that his vendor has done something that said vendor would have suspected might "come back at the buyer" like this.