Council Boundary worries

DottyThistle

Can someone help please?


We have just been advised by the local authority that the extension we were given planning permission for in 2010 and subsequently built, is over the boundary. The property is an ex-council property bought from the council by the previous owner. The house next door is still council owned, and it is that boundary they say we have gone over.When we bought it, it had a separate single garage. We knocked it down and built an integral garage within the outline of the previous one. As far as we were aware, the council gave us planning permission and did the building regs. We were within the original boundary, and everything was fine.

The council are now telling us after all these years that the original garage was over the boundary. They are now going to decide what action they want to take, and have advised us to take legal advice.

We are devastated. We can't afford a legal battle, and we're worried we may be asked to take the extension down or pay them a lot of money to keep it, or both.

Does anybody have any advice please?

Thank you

a.turner

How much over the boundary? If it's only a small amount how are they going to prove where the exact boundary lies.

DottyThistle

They sent a surveyor out who has put the boundary line almost straight through the middle of the extension. It seems a bit excessive, but as you say it's difficult to say where exactly the boundary lies.

a.turner

I was thinking a few inches not a few feet.

TELLIT01

To the best of my knowledge building regs simply confirms that the building is being built to the required standard, not that it is within the boundary of the property. Likewise planning permission won't check that a building is within the boundary either.
If you can prove that the new extension is within the footprint of the previous garage it will be more difficult for the council to argue it should be demolished.

The council is correct to recommend that you get your own legal advice. Potentially a lot cheaper than having to knock down the extension.

DottyThistle

Thank you.

The plans show the extension is inside the external wall of the previous garage. It’s written on it as well.

FreeBear

Where does your deeds say where the boundary is ?
The documents should include a map showing where the plot is in relation to neighbouring properties. Also worth consulting historical Ordinance Survey maps if you need to prove a fence "has always been over there".

tonyh66

does your house insurance have legal cover?

DottyThistle

The title deeds show the line in more or less the same place without the extension in place. The planning approval we got back from the council shows the extension drawn up to the boundary. It this new surveyor who is saying it goes through the middle.
We have an image from google maps showing the garage and fence in place over 10 years ago, and we still have the details from the estate agent we bought the house through showing the garage in situ and saying it comes with a single garage. Unfortunately, we can’t find the paperwork from the original conveyancing.

We’re checking with the insurance today to see if we have legal cover.

Davesnave

Playing devil's advocate for a moment and assuming the council are right, who would this affect and what practical problem might arise?


Surely, if there is a problem of some kind, the council aren't going to ask you to demolish. They might ask you to buy the land, but unless there was some huge issue with that, demolition in these times of housing shortage, eco-friendlines etc wouldn't sit well with most people, so they'd be shooting themselves in the foot.

FreeBear

DottyThistle wrote: »

The title deeds show the line in more or less the same place without the extension in place.

If your deeds show the boundary approximately where it is now, that would trounce any claim by the council that it is in the wrong place. It might be worth contacting your local councilor and getting him/her to do some work on your behalf.