Neighbour building on my land

Kam777

Hi everyone,

I wonder if someone could assist me with a very strange situation.

I built an extension 5 years ago and my neighbour was not happy and requested that I do not build the wall on the boundary and move back by 100mm. I had to get party wall surveyors involved and although I had the right to build on the boundary, for good relations I agreed to build the wall 100mm back into our garden.

Now, my neighbour has built a concrete patio and decided to build this concrete patio all the way up against my extension wall, which means he’s also built it on the 100mm part of the garden that’s my property. The boundary line is somewhat easy to identify because my house has pebble dashing and my neighbours do not. 

I’ve asked him to cut the concrete patio back into his garden or at least up to the boundary away from my extension wall. He’s responded by saying “ ill think about it”

He’s even complained to our local church minister to speak to me and let the matter go. The minister decided to help and came down with a local surveyor who also said that my neighbour is being unreasonable and should cut it back. The neighbour is now upset with the minister saying that he wanted him to make me understand and leave the issue and not for him to cut back the patio???

I’m actually shocked by this guys behaviour and it seems he thinks that the only way I can get him to remove the concrete patio from my land is by going to court which would cost allot of money and hence I wouldn’t pursue it.

any help, suggestions or support would be appreciated here. I’ve attached two photos which show the birdseye view angle from the 

Top of my extension roof looking down. My house is on the left.

ThisIsWeird

What an 'ole.

Do you have Legal Protection on your house insurance?

GDB2222

Being practical about this for a minute, what exactly is the problem?   

Suppose the neighbour agreed to mark the boundary, so there's no possibility of a future dispute, would that satisfy you? 

Does the patio extension potentially cause any damp problems, etc?

Were you planning to grow something in that 100mm?

Or, is this just an opportunity to get one over on your neighbour?

Petriix

The real issue is where you built the wall. You should have built right to the boundary, not 100mm inside it. It would be weird to retain a strip of bare earth between that wall and the neighbour's garden; it would likely grow weeds and it would be problematic to maintain.

What your neighbour has done is a totally pragmatic solution to a silly problem. It makes zero difference to you because you can't possibly use that bit of land for anything other than to annoy your neighbour. I'm not sure what you hope to gain (or fear you might lose) by not letting it go. The wall is already built. 

greyteam1959

Is the minister a Catholic by any chance ?

Section62

Petriix said:

The real issue is where you built the wall. You should have built right to the boundary, not 100mm inside it. It would be weird to retain a strip of bare earth between that wall and the neighbour's garden; it would likely grow weeds and it would be problematic to maintain.

Building the wall right on the boundary would mean the OP's roof would overhang the neighbour's garden.  It is clear from their post that the neighbour wasn't interested in pragmatic solutuions.

Leaving a gap between a concrete slab and a house wall isn't "weird".  In many cases it is a recommended solution to avoid damp problems, with the gap filled with gravel to reduce splashback and weed growth.  It isn't possible to tell where the DPC is on the OP's pictures, but there's a real risk this concrete could cause damp problems. More so as the quality of finish of the new concrete suggests it may not have been laid with due care.

The OP is right to be concerned.

Eldi_Dos

Agree the slab should be cut back to the boundry and OP given access to dig down (300mm) and fill with gravel.
There is also no expansion gap.

Eldi_Dos

greyteam1959 said:

Is the minister a Catholic by any chance ?

When disputes get to this stage a pontiff can be required.

GDB2222

Section62 said:

Petriix said:

The real issue is where you built the wall. You should have built right to the boundary, not 100mm inside it. It would be weird to retain a strip of bare earth between that wall and the neighbour's garden; it would likely grow weeds and it would be problematic to maintain.

Building the wall right on the boundary would mean the OP's roof would overhang the neighbour's garden.  It is clear from their post that the neighbour wasn't interested in pragmatic solutuions.

Leaving a gap between a concrete slab and a house wall isn't "weird".  In many cases it is a recommended solution to avoid damp problems, with the gap filled with gravel to reduce splashback and weed growth.  It isn't possible to tell where the DPC is on the OP's pictures, but there's a real risk this concrete could cause damp problems. More so as the quality of finish of the new concrete suggests it may not have been laid with due care.

The OP is right to be concerned.

I wondered what the best way is to remove the concrete without damaging the building?

Eldi_Dos

GDB2222 said:

Section62 said:

Petriix said:

The real issue is where you built the wall. You should have built right to the boundary, not 100mm inside it. It would be weird to retain a strip of bare earth between that wall and the neighbour's garden; it would likely grow weeds and it would be problematic to maintain.

Building the wall right on the boundary would mean the OP's roof would overhang the neighbour's garden.  It is clear from their post that the neighbour wasn't interested in pragmatic solutuions.

Leaving a gap between a concrete slab and a house wall isn't "weird".  In many cases it is a recommended solution to avoid damp problems, with the gap filled with gravel to reduce splashback and weed growth.  It isn't possible to tell where the DPC is on the OP's pictures, but there's a real risk this concrete could cause damp problems. More so as the quality of finish of the new concrete suggests it may not have been laid with due care.

The OP is right to be concerned.

I wondered what the best way is to remove the concrete without damaging the building?

The greener the concrete the easier to remove.

sevenhills

Kam777 said:

Hi everyone,

I wonder if someone could assist me with a very strange situation.

I built an extension 5 years ago and my neighbour was not happy and requested that I do not build the wall on the boundary and move back by 100mm. I had to get party wall surveyors involved and although I had the right to build on the boundary, for good relations I agreed to build the wall 100mm back into our garden.

I would be surprised if that is what the party wall surveyors recommended.

When I built my shed, I left a gap that I could walk down to get access for maintenance.

Or perhaps you mean that you built 100cm back?