New build garage built over my property line

Section62

Grumpy_chap said:

neverbuyanewbuild said:

Our home builder has finished the last home in our estate and has put the neighbours garage over our property line. 

The roof is so low that both myself and my husband have to duck when walking down our side of the house.   We cannot open our gate fully    We have sent photos to the builder as well as our own solicitor and the council.  Our solicitor and the council have both responded that this is in fact a trespassing issue.  However. The builder is saying it’s perfectly acceptable. We cannot get them on building regulations but we have a solid case of trespassing as the garage itself (base) trespasses by almost a foot. The builder never sent anyone out to see this issue and has completely fobbed us off.  

So now we have to take them or our neighbours to court.  Anyone had any experience with this? All help and advice is greatly appreciated 

There was a thread a few months back about what sounds to be very similar to your situation.  It was the Developer having built the neighbour's garage up to the boundary line so the roof overhung into the path.

It might be worth searching the forum (I think it was the House Buying, Renting, etc area).

Yes, if it is the one I'm thinking of there was also an issue with a low retaining wall along the drive not being where the poster was expecting it to be.

Grumpy_chap

Section62 said:

Grumpy_chap said:

neverbuyanewbuild said:

Our home builder has finished the last home in our estate and has put the neighbours garage over our property line. 

The roof is so low that both myself and my husband have to duck when walking down our side of the house.   We cannot open our gate fully    We have sent photos to the builder as well as our own solicitor and the council.  Our solicitor and the council have both responded that this is in fact a trespassing issue.  However. The builder is saying it’s perfectly acceptable. We cannot get them on building regulations but we have a solid case of trespassing as the garage itself (base) trespasses by almost a foot. The builder never sent anyone out to see this issue and has completely fobbed us off.  

So now we have to take them or our neighbours to court.  Anyone had any experience with this? All help and advice is greatly appreciated 

There was a thread a few months back about what sounds to be very similar to your situation.  It was the Developer having built the neighbour's garage up to the boundary line so the roof overhung into the path.

It might be worth searching the forum (I think it was the House Buying, Renting, etc area).

Yes, if it is the one I'm thinking of there was also an issue with a low retaining wall along the drive not being where the poster was expecting it to be.

Yes, that's the one.

Section62

Grumpy_chap said:

Section62 said:

Grumpy_chap said:

neverbuyanewbuild said:

Our home builder has finished the last home in our estate and has put the neighbours garage over our property line. 

The roof is so low that both myself and my husband have to duck when walking down our side of the house.   We cannot open our gate fully    We have sent photos to the builder as well as our own solicitor and the council.  Our solicitor and the council have both responded that this is in fact a trespassing issue.  However. The builder is saying it’s perfectly acceptable. We cannot get them on building regulations but we have a solid case of trespassing as the garage itself (base) trespasses by almost a foot. The builder never sent anyone out to see this issue and has completely fobbed us off.  

So now we have to take them or our neighbours to court.  Anyone had any experience with this? All help and advice is greatly appreciated 

There was a thread a few months back about what sounds to be very similar to your situation.  It was the Developer having built the neighbour's garage up to the boundary line so the roof overhung into the path.

It might be worth searching the forum (I think it was the House Buying, Renting, etc area).

Yes, if it is the one I'm thinking of there was also an issue with a low retaining wall along the drive not being where the poster was expecting it to be.

Yes, that's the one.

Found it -

https://forums.moneysavingexpert.com/discussion/6491875/query-about-new-build-driveway/p1

Grumpy_chap

Section62 said:

Found it -

https://forums.moneysavingexpert.com/discussion/6491875/query-about-new-build-driveway/p1

Yes, and I think this picture from that other thread reflects exactly what the OP is describing in this thread:


Perhaps the OP can confirm.

penners324

Contact the planning department of the council. This will be against the planning permission

Section62

penners324 said:

Contact the planning department of the council. This will be against the planning permission

Not necessarily... it depends whether the garage has been built in the position it is supposed to be according to the planning consent.  There's no planning law reason why a garage can't overhang (or be built partially within) a neighbouring property.