Neighour's extension on my land

guppy

VictorMeldew wrote: »

I think I'll leave it up to the surveyor to work out what's fair. I'm just happy that the whole thing is drawing to a close without the need for court action/solicitors. My wife and I have been stressed enough over the past few weeks. I can't imagine how horrible it would be to string it out for years.

Glad to hear you're getting things sorted out Thanks for keeping us updated.

I think asking for the surveyor's fees and all other costs is reasonable, including the cost of moving the gate etc. Depending on what I thought of the neighbour and his motives, I might also ask the surveyor to assess any impact to the value of the house, and add that on too.

On the other hand, I wouldn't want to antagonise the neighbour too much, regardless of being in the right. You still have to live next door. Apart from that, I'd negotiate as hard as possible Good luck

hethmar

Any updates Vic?

seven-day-weekend

Just to add that up until I took early retirement in 2004 I worked as a Technician in Planning Enforcement and my opinion is that for this development we would have at least asked for amended plans and a retrospective application.

I agree with the other planning professionals that formal enforcement action has to expedient, i.e. the Council have to be pretty sure of winning the case otherwise it just costs a huge amount of taxpayers' money for no result.

One of my jobs as an Enforcement Technician was to write explanatory letters to people and I would have been far more informative than the Case Officer has been in this case. I agree mostly with what he is saying but he has not put it very well..

Hope you get something sorted soon.

VictorMeldew

Sorry for not replying sooner, we've been away on holiday for a few weeks - away from all this mess! Not a lot has happened since I last posted. I received a reply from the council acknowledging my complaint letter and saying that they aimed to reply by the 5th August - not heard anything else yet, will phone up to chase it tomorrow.

The surveyor phoned up while I was on holiday asking for me to get hold of another site diagram, as the one I gave him was a copy. I'll phone the council tomorrow to get a copy.

My neighbour came round earlier today and asked me about having access to my drains. I told him that he couldn't have access as this could be another thing that would show up on a survey and effect the resale value. He asked could his 'drains man' come and have a look at my drains to see if there is any other way around this. I said yes to this, providing he comes round when myself or my wife are in, and that he does not dig anything up.

Over the past few weeks, I've become more and more angry with my neighbour about the whole thing. If his extension has effected the resale value of my house due to how close it is, then I want to be compensated for this. What I'm thinking of doing is, (depending on how definite the surveyor's report is) approaching a solicitor and asking them to write a letter demanding the extension be removed from my land. I can then negotiate downwards for some monetary compensation. What do people think about this?

Also, does anyone know if I have any chance of getting compensation from the council for passing the application without a site plan, and also for passing the application despite being aware of it not being wholly on the plans? Is it worth me asking for compensation in my letters of complaint to the council, and eventually the ombudsman?

I know this sounds like I'm just out to get money, but I will lose out due to this when I come to sell my house, and none of it was my fault. Aside from demanding it be removed from my land which apparently is very unlikely to happen, I don't know what else to do.

VictorMeldew

seven-day-weekend wrote: »

I agree with the other planning professionals that formal enforcement action has to expedient, i.e. the Council have to be pretty sure of winning the case otherwise it just costs a huge amount of taxpayers' money for no result.

I'm not sure I understand this seven-day-weekend. What case do the council have to be sure of winning? Do you mean me taking the coucil to court?

lincroft1710

If you sue your neighbour for compensation it will probably take years to come to court, strain relations with your neighbour, cause you even more stress and upset, plus, plus, plus cost you money, a lot if you lose. I would doubt if there is an automatic right to compensation from the council, there is nothing to stop you asking, but if your council is anything like those I've come across, they'll just say no.

hethmar

I wouldnt really have allowed his "drains man" access Vic. I mean youve said No, he cant use them, what does he expect the inspection will do to change that.

Try not to get to wound up though. I speak with 3 years of living hell with our neighbour who has currently been stringing green twine along his frontage and writing 44ft on the telegraph pole at the edge of our garden! Madman but the fact is mad men get away with things normal law abiding people dont.

Keep your head down and try to let the professionals handle it so that it is at arms length. Im glad you had weeks away without coming back to more of your land gone! Have you checked your home insurance to see if you have free legal cover yet?

ruggedtoast

To be honest bud, Ive read most of this thread and to be frank I think you would be far far better off just letting it go.

On the fight to the end side:

Should your neighbour have built on your land? No.
Should the council have given them permission? No.
Should you have to fight a long, ruinous, potentially unwinnable battle to get it sorted out? No.
Should you be in this position? No.

However on the other hand:

Is there anything you can really do about any of the above?
Is what has happened really the end of the world, is it really affecting the value of your house that much that its worth putting yourself through years of stress and aggro with your neighbour and the courts and possibly unlimited lawyers fees; especially as it seems your neighbour is willing to negotiate.

Sometimes its better to let go of the "shoulds".

VictorMeldew

Could anyone please give me some advice on this latest update. I have refused my neighbour access to my land so that he can join his soil pipe from his new bathroom to my drain. He is now saying that there is an old pipe from my drain that goes onto his land, and he wants to connect his soil pipe to this on his land. He wants to pour water down my end of the pipe to check that this pipe is still open.

I am not happy about this, because on top of everything else it will mean that we will then have a shared drain, and will have joint responsibility for any blockages etc.

Can I legally stop him from connecting his soil pipe to this pipe (and therefore my drain), and how would I do this? All the work would be carried out on his land. There was no mention of where the drains are meant to go on his planning application.

I have phoned the council again for their advice on this but as usual they were no help.

Thanks again in advance for any help.

ps - I have no legal cover on my home insurance Hethmar. For some reason, for the first time ever, I must have declined the home legal protection bit - great!!

hethmar

You have to give it to the bloke, he has a nerve doesnt he!

Ring the Citizens Advice Bureau in the morning Vic and see what they suggest. I cant see that anyone can use your drains - as you say, it would be such a pain if he blocks it.

What about water board? Do they have authority over drainage? I hope someone can come along and help you on this one.