Extended Party wall extension with overhanging soffitt

paddy's_mum

moneytorques wrote: »

Why wait until something is built before complaining its been in plain sight for discussion for over 1 year.

Perhaps because they knew that you were likely to take this 'so what?' attitude.

It's not for you to declare that it is "trivial" or no loss or unnecessary. It's not your property that has been compromised.

Doozergirl

moneytorques wrote: »

People stating its a problem but what is the physical loss?
What happens when they come to sell, people take it or leave it.
Redoing the roof is going to be costly as the hipped end needs a gutter!
Why wait until something is built before complaining its been in plain sight for discussion for over 1 year.

Something on a piece of paper is totally different to the brand new reality. Perhaps they trusted you to get it right! It's amazing that they didn't object to the planning application even, give them this.

Why didn't you spot it yourself? Because you didn't care?

You should have engaged a designer who knew what they were doing. It would be blatantly obvious to me and any of the architects, and indeed, architectural technicians that I work with, not to overhang someone else's property - especially when you're already using the party wall which belong to them as well!

Don't push it onto your neighbours. Saying that prospective buyers will 'take it or leave it' - they shouldn't have to! Their surveyors will pick it up - it's right at the front of the house.

paddy's_mum

My ex-husband had almost exactly this happen at a property he owned due to the builder being a bit careless about digging the trenches for the footings accurately.

He and the neighbour resolved it by the intruder giving a sweetener of a grand plus paid the solicitor bills for drawing up a legal document outlining what was in effect a lease of the airspace intruded upon.

It has worked well for the past 20 years as everyone won and nobody lost - so much so that the neighbour's wife is now my elderly mum's weekly cleaner and all round 'treasure'.

Honey catches more flies than vinegar!

edgex

Doozergirl wrote: »

Something on a piece of paper is totally different to the brand new reality. Perhaps they trusted you to get it right! It's amazing that they didn't object to the planning application even, give them this.

Why didn't you spot it yourself? Because you didn't care?

You should have engaged a designer who knew what they were doing. It would be blatantly obvious to me and any of the architects, and indeed, architectural technicians that I work with, not to overhang someone else's property - especially when you're already using the party wall which belong to them as well!

Don't push it onto your neighbours. Saying that prospective buyers will 'take it or leave it' - they shouldn't have to! Their surveyors will pick it up - it's right at the front of the house.

I suspect it wasn't a full planning application

moneytorques wrote: »

Thank you, I should have worded that better, its a Permitted application Approved by our Local Authority.
Our neighbour is saying its an airspace trespass

I would also wonder how good & detailed the 'plans' are.

Mistral001

Who designed the house? Surely they are the ones who are responsible for this problem. They designed the extension with a hipped roof which requires a gutter overhanging the boundary when they could have designed it with a gable with a flush verge and no gutter at the boundary.

moneytorques

Firstly, keyboard warriors please stop your character assasinations!

What I cant establish is what is different to my extension compared to the rest of the same instances occuring across the development, these houses are merely 2 years old.
In fact said neigbbour has another garage that forms a part of their rear garden boundary with an almost identical Gable end soffitt overhang!

Does my detail detract from the reasonable enjoyment of their home, not at all.
Does it devalue their home, not at all.

It was a full planning application.
The hipped end was required so that the new extension Ridge didnt raise higher than the existing House.
It was designed by an Architiect, approved by Planning, Approved by Building Control, Approved by Party wall surveyor, and built, nothing appealed until now.

The last thing I want is to delay completion and enter a dispute with the neighbour.
Can I get a Flying Leasehold drawn up?

societys_child

I'll just refer to your user name, and ask how deep your pockets are . .

moneytorques

Society, I like what you've done there!;)

unforeseen

In fact said neigbbour has another garage that forms a part of their rear garden boundary with an almost identical Gable end soffitt overhang

Was this overhang built after they moved in?

Maybe that is where they learnt of their rights.

TELLIT01

moneytorques wrote: »

Firstly, keyboard warriors please stop your character assasinations!

What I cant establish is what is different to my extension compared to the rest of the same instances occuring across the development, these houses are merely 2 years old.
In fact said neigbbour has another garage that forms a part of their rear garden boundary with an almost identical Gable end soffitt overhang!

As has been said several times, your opinion regarding the effect on your neighbour is irrelevant. It doesn't matter if every other house in the street has the same design. The affected neighbours either didn't notice, did'nt care, or didn't complain. Your neighbour has done all of the above and the only person in the wrong is yourself. If the affected neighbour wished to build up to their boundary they couldn't because you have already built over their boundary.
When we had our extension built the wall adjoing our neighbour was constructed 6" inside the boundary to ensure that the gutter etc did not extend into their property.