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    • Kesteral
    • By Kesteral 10th Mar 18, 12:36 PM
    • 11Posts
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    Kesteral
    House missold in regard to neighbours extension
    • #1
    • 10th Mar 18, 12:36 PM
    House missold in regard to neighbours extension 10th Mar 18 at 12:36 PM
    Hi,

    We bought a house in October and were informed before purchasing that the neighbours had planning permission for a 1st floor extension at the back to increase the length of their bedroom by 1 metre. The plans showed that the extension would be on the boundary line between our properties so we asked explicitly during the purchase process whether this was accurate.

    We received e-mails and signed documentation from the previous owners (through the estate agent/solicitors) saying that the neighbour would not build the extension astride the boundary line and that it would be built up to the boundary line instead. It was also confirmed no party wall agreement had been signed. We were happy with this and continued on with the purchase

    Fast forward to now and the neighbour has a builder who's started on the extension. When we got home one evening we noticed that the wall they've started building is astride the boundary. We questioned this the next morning by going round and asking. He and the builder (who was also there) were very understanding, but our neighbour told us that he made it fully aware to the previous owner what his intentions were and sat down with them and the architect to go through the drawings/plans in detail over a year ago.

    As a side note, it seems like the reason they are building astride the boundary is due to the foundation beneath it.

    The neighbour has asked us to have a think about what we want to do before they continue any work. Now I need to think about our options.

    Should we contact the estate agent/solicitors and say that the house has been missold to us and we want compensation? I do think there's a chance this could hurt the valuation when it comes to reselling in the future.

    We don't want to fall out with our current neighbours as they've been very nice and haven't done anything wrong, apart from not getting us sign a party wall agreement before the work started, but at the same time I'm not comfortable with this after going through all of the hassle to have it previously confirmed that they weren't building astride the boundary. I don't want to lose out here.

    Any help would be greatly appreciated.
Page 2
    • DaftyDuck
    • By DaftyDuck 10th Mar 18, 3:34 PM
    • 4,161 Posts
    • 8,667 Thanks
    DaftyDuck
    ...we asked whether we could meet the neighbours before purchasing the property to discuss the extension plans and we were told by the estate agent/previous owners that we couldn't.
    If course you could. You walk up to their front door and knock on it. If you are fussed about what they might be planning to do, you find out directly.

    You may just have a weak case against the seller, but I doubt it. One reason why it will be so weak is you did no checking yourself, relying only on second hand of third hand hearsay.
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