Neighbours roof overhangs my land

Topstar77

the problem I have is that my neighbours have changed the roof on their kitchen extension from a flat roof to a pitched roof, their extension joins up to our garden party wall, I live in a Victorian terrace, I was not given party wall notice and they have taken off the coping stones and altered the party wall from being a flat topped wall to now sloping and their new roof actually sits on the party wall and overhangs it my up to 3 inches on to my side at its widest I also have 3 inches of their cluttering overhanging the boundary wall and they have also cut into 5-7 inches of my house to put the flashing in for the roof, as I said no party wall notice was served and no permission was granted for party wall to be altered and as for the overhang and guttering plus flashing being attached to my house I don’t know where I stand legally

Davesnave

I don’t know where I stand legally

Well I wouldn't stand under that parging, because they mixed it too strong and it's cracked already!

 The work has been done, so it's too late for a Party Wall Agreement.

Of course you could take the neighbour to court and argue that the work should be re-done, but you would be asked how all this affects your life negatively. If your complaint was considered trifling, you could find yourself well out of pocket going down that route.

So, in what way does the neighbour's change of roof impact on your life and well being?

clive0510

Did they do this work themselves? it doesn't look like it was done by a qualified builder. what it looks like probably doesn't bother them as they cant see it.also I think a proper builder would of questioned the ethics of having it overhanging the nieghbours property.

duggan1

Do you have an outside tap and a hose?

GDB2222

There are a few issues here. They have encroached on your property, although not by very much. They have altered the party wall without any prior discussion. They have improved their property, whilst causing a small amount of detriment to yours. The arrogance of it must be galling.

Having dealt with the feelings, what do you want done about it? And how much do you want to spend on legal fees if they refuse? If you want it all cut back to the middle of the party wall, you’re making it into a big fight. If you want the cement work redone, they are much more likely to agree. Do you want to punish them or make the best of it?

Suppose you decide to punish them and take them to court. Both sides spend £100k on 
legal fees, say. It would be the sort of case you read about in the paper, sometimes. Suppose you win the case and get awarded costs. That means you’ll get around 75% of your costs back from the neighbour. The way the system works is that you don’t get all of them back. So, the case consumes several years of your life, and it costs you say £25,000 even though you win. And I’m assuming here that your neighbour has the money to pay your costs and doesn’t just go bankrupt leaving you with the whole bill.

So, galling as it is, I suggest just trying to make the best of it.

GDB2222

This being a forum, somebody will suggest getting up there with an angle grinder. I just thought I’d mention that first.

AdrianC

They haven't moved the wall... The wall is exactly where it was, right? Just a little bit taller.

Of course the roof needs to overlap the wall slightly, and it's an absolutely minimal amount. The previous flat roof would have overlapped a similar amount.

Davesnave

GDB2222 said:

This being a forum, somebody will suggest getting up there with an angle grinder. I just thought I’d mention that first.

Well the OP could, if they decided to extend there. There's a ready made roof line and the angle doesn't look too shallow.

m0bov

When it rains you might get run off into your property/garden. As the "already cracking" mix falls, you will have chunks of it all over the place. When you sell, it might get picked up. 

I'd knock and ask them to pop over or send them photos and ask them to remove the overhang.

Unicorn_cottage

Where were you when this was happening? Did you speak to them at the time?

Davesnave

m0bov said:

I'd knock and ask them to pop over or send them photos and ask them to remove the overhang.

And when they tell tell you to go forth and multiply, what then?