Neighbours BREACH deeds ?

jasonbewley

wow this is a story and a half / our first ever house so excuse our ignorance
1 / we are linked detached via garages (ours originaly fully detached previous owner bricked up ally making garage larger
we moved in after planning had already been passed for neighbours to extend sideways (plans work off the original boundary wall)
no PWA as no notice served yet request by us 1 month before works started as they verbally told us of works starting.
we explained nicely no scaffolding due to our sons playroom being used to scaffold (behind garage) poles in garden etc was not safe plus having just moved in we was not keen on that disruption, though im aware if they had done the PWA they may have had legal access. 5 months on ive just found in my deeds a right of support on said garage from the neighbours garage with a clear right for us to enter there land to maintain the flank wall !
so after demolishing there garage they moved there build inside and built the external wall alongside the flank wall so its imposible now to access. a clear breach ??? there build does match the council documents for the build either now we are left with a block wall lol to face as they cannot render it
what would you do ?

Doozergirl

Grammar helps. I can't fathom a great deal other than the last bit.

Edited: I hadn't fathomed that either.

Why didn't you get a party wall surveyor involved at the time? It's a bit late now! They've got the same issue though.

jasonbewley

Apologies my grammar isn’t the best
Unfortunately being our first house we had no idea what a partywall was though I did have a rough knowledge by the time they had done the footings so to late for a surveyor. We did request a surveyor but they ignored us and built it regardless on the basis there builder told them they didn’t need one though they clearly did confirmed by building regs but they don’t believe a word I tell them. Not even the black and white writing in there own deeds

chunkytfg

If they've done something different to there planning approval report them seems like the obvious starting point

jasonbewley

Thanks ���� I’ve done that also now building regs are aware the build doesn’t match the plans they won’t do much about it now though I doubt
Shame I didn’t know at the start what I know now

AndyTails

I'm completely confused as to what's going on here.

It sounds like:

• you have a wall of your property that was built on the boundary
• you used to have access to your neighbour's land to maintain it
• he has now built against that boundary wall
• your complaint is that you can't now access it for maintenance because its integral to his extension

If your only complaint is about access for maintenance... what maintenance were you planning on doing? Do you think people in terraced houses need access to their neighbours in order to maintain the party walls?

The chances of you needing to do anything to maintain the wall were low and have probably got lower. If you do need to do anything (e.g. wall starts bowing), then your neighbour is going to be just as keen to get it fixed as you.

Where's the problem?

markin

If you want it rendered you will have to allow scaffold now, The wall will no longer need maintenance, its now protected from rain so the pointing won't really wear now.

unforeseen

As I understand it, your previous owner has stymied your maintenance ability by extending your garage to the boundary. The deeds were written on the basis of the alley being present.

It would appear that your predecessor's actions are what has caused what you see as problems.

ETA Reading op again. If the deed mentions right to access neighbours land to maintain flank wall then that seems to imply that the alley belongs to the neighbour and OP's garage extension now goes over the boundary.

jasonbewley

Unforeseen
That’s a good Awnser!
I’ve read the deeds to both and we both have the same right of access to each other’s land, I can’t have access to there side to maintain the ally wall ?? unless it ment structure repairs (roof) etc maybe ? I’m no expert.
A surveyor told me that these rules where put in to avoid people building in the centre creating terrace looks to the property’s.
It’s also clearly worded garage to support garage (the whole estate remains as per the dead’s) all extensions have been done mainly to the front although some have converted garages but no one has demolished them rebuilt adjacent to the boundary wall (original internal garage wall)
That’s why I was curious over the build

sheramber

So the previous owner of your house extended over part of the alleyway and now your neighbour has done the same by extending his garage over the part that was left.

Both parties have gone against the deeds.

jasonbewley

Yes and no
Technically the original owner added strength to the garage and it’s support
Neighbours removed garage then built inside the space meaning there not actually now connected