Neighour's extension on my land

guppy

Personally I think the OP should focus on a financial settlement, preferably out of court (saving a lot of cost and stress).

As I understand it, the boundary already had an odd "kink" in it, something I've never seen before personally. Maybe the best solution would simply be to keep on putting pressure on the neighbour, until he agrees to redraw the boundary (I imagine the freeholder will have to consent to this), paying compensation to the OP for all the hassle this has caused.

I realise this means the extension is still a bit close to the house, but maybe the effect this has on the saleability of the house could be accounted for in the compensation.

Having said that, if it was me, I'd love to seek definitive proof that the neighbour was trespassing, and exercise my common law right to knock the offending bit down.

VictorMeldew

I did get his name from RICS after explaining the situation to them.

Hopefully Guppy, that kink won't come into it as it as after where the extension crosses my land. What may make things more complex is the fact that his deed plan, and my deed plan differ despite being drawn by the same architect 3 years apart. I'm waiting for the surveyor's report to find out which of our deed plans is more favourable (if any). Hopefully both will demonstrate that it's on my land.

Aside from the surveyor's report, there is also the matter of him taking my fence panel out and building through it. I've heard that fences become boundaries after 12 years. I'm not sure how I'd prove the fence hasn't moved though as I've only moved in about 7 years ago.

guppy

VictorMeldew wrote: »

Hopefully Guppy, that kink won't come into it as it as after where the extension crosses my land.

The good thing about the kink, in my opinion, is that if you negotiate a settlement with him, you might just be able to "move" the kink in the boundary.

Obviously if it had never been there, having a kink in your boundary would annoy the hell out of you, but since its already there, moving it might not be so bad.

I do wonder if your neighbour believed he was in the right when he built on your side, and was trying to reclaim his "kink". Either way - he sounds like an idiot.

RabbitMad

As its your land why don't you just build a pond under the corner of his extension? I'm sure if you undermine it it won't stay up for long!

but seriously hope you get this sorted.

hethmar

Vic, the new adverse possession act means that you can claim adverse possession of registered land after 10 years. That is, if you can ask the previous owners of your place (or the old boy the other side?) if the fence was in the same position before you moved in and get them to give a statement to that effect or photos? - then you have a justified claim that the boundary was in that position and that you fully believed it to be your land.

planning_officer

guppy wrote: »

So in theory, someone could put in a crazy planning application, to say demolish my house and replace it with flats, just to annoy me?

Is there nothing in the planning process to prevent this kind of abuse? I realise of course it might be treated as harassment under other laws.

Nothing at all, although it's highly unlikely to ever happen - for instance, the planning fee for a block of, say, 8 flats would be £2,680. No-one would put in an application and pay that sort of money just to annoy someone (well, never say never, but I'd say it was pretty unlikely!!)

VictorMeldew

Two of the local councillors came round today and were immediately horrified by the proximity of the extension to my house and garden, and about the obvious trespass. I explained in detail about the ommission of the site plan, the planning office lying about sending out an enforcement officer, the differences in the deed plans etc. One of the councillors has meetings with the planning officer twice a week but said that he would speak to the planning officer's boss about the situation.

He also mentioned the fact that the house has already been extended previously by apparently more than 10% of it's original size, and therefore has already used up it's allowance (something along these lines anyway). Is this just a guideline or is it legislation? If I can prove that the house has been extended previously would this mean that the entire development should not have been permitted?

Anyway, I was extremely impressed with both of the councillors (glad I voted for them now!). They really seemed to think that they could do something about it. I hope to God they are right!

space_rider

VictorMeldew wrote: »

Anyway, I was extremely impressed with both of the councillors (glad I voted for them now!). They really seemed to think that they could do something about it. I hope to God they are right!

Hope they can do something about it.

hethmar

Very encouraging news Vic. Was NFH lurking whilst they were there?

Dont know about 10% Vic - our house has been extended probably by 25% and is all within legal limits. Have a google for info. I should think he probably meant the overall extension including the first one exceeds the limits

Wee_Bargain_Hunter

VictorMeldew wrote: »

Two of the local councillors came round today and were immediately horrified by the proximity of the extension to my house and garden, and about the obvious trespass. I explained in detail about the ommission of the site plan, the planning office lying about sending out an enforcement officer, the differences in the deed plans etc. One of the councillors has meetings with the planning officer twice a week but said that he would speak to the planning officer's boss about the situation.

He also mentioned the fact that the house has already been extended previously by apparently more than 10% of it's original size, and therefore has already used up it's allowance (something along these lines anyway). Is this just a guideline or is it legislation? If I can prove that the house has been extended previously would this mean that the entire development should not have been permitted?

Anyway, I was extremely impressed with both of the councillors (glad I voted for them now!). They really seemed to think that they could do something about it. I hope to God they are right!

Been popping in occasionally to see how you're getting on - been keeping my fingers crossed for you! All sounds more positive now! It's not nice when something affects your enjoyment of your home. Hope you don't mind me saying this but I hope you're able to carry on with normal life - it's very easy for something like this to take over. It's good to take some time out from problems. Been there. Done that!