Neighbours built over our property - need legal agreement

[Triggaaar]

Well it's not as bad as it sounds in the title, but it's not right either.

Our neighbours did a large extension, and built right up to, and touching, the boundary brick wall. They also built the wall (Wall A) of their extension up above the height of the shared boundary wall. At the top of their new wall, they have a gutter. To deal with the water that hits Wall A, they have put ply and then lead of top of the boundary wall, sending the water over to our side. The lead comes down our side a couple of inches.

I wasn't too impressed when I saw what they'd done, and the neighbour made it seem like he didn't realise, and the builder just did it. But it turns out he's basically a property developer who was taking the micky.

Now it's not a great hardship for us, so I'm not planning on making them re-do their work, but at the same time I don't want a length of time to pass that means we can't do anything about it even if we wanted to. So if possible, I'd like to write up something legally that says they can leave it as it is until such a time that we ask them to change it.

Does anyone have any advice on how that can be done etc?

Many thanks

 

[Doug B]

I'd get in touch with your local planning officer & see what he has to say about it, sound very dubious to me

 

[Triggaaar]

I'd get in touch with your local planning officer & see what he has to say about it, sound very dubious to me

But that would simply be getting them to make the neighbours re-build, rather than leave it as is as long as they don't **** us off, or object to planning when we apply.

 

[Stimpi]

Get on to Building Control as well. Did you not get a view of their intentions before they built?

Regards
Mike B

 

[Triggaaar]

Get on to Building Control as well. Did you not get a view of their intentions before they built?

Just the plans online, which don't show anything about it. You shouldn't need to go through all the details of someone's plan to be sure they're not building on your land right :shock:

 

[Cowboy _Builder]

If they build on or overhang your boundary without consent they must remove it, They would not have had planning consent to do so without your written permission ...I went through a similar situation last year.
My neighbour objected to me building up to the boundary until I pointed out to they that their guttering was overhanging my property ,we reached a compromise I moved my wall 50m/m and will reduce the gutter to accommodate my building .
His boundary fence is on my land by 4 inches my solicitor sent him a letter telling him that although the fence is his the land is still mine ,and if you want to sell your house in the future it could be a deal breaker, you really should get it sorted ASAP .

 

[Triggaaar]

Thank you for the replies.

They would not have had planning consent to do so without your written permission

Obviously And to be honest, even if they had planning permission to do it, they couldn't. Planning don't have the authority to give my land to someone else.

But I'm not sure I just want them to remove it - it's no big deal, I just want something legal that means we can get them to remove it at a later date it required.

His boundary fence is on my land by 4 inches my solicitor sent him a letter telling him that although the fence is his the land is still mine

So you haven't got them to move the fence? That sounds exactly like my situation. But I want them to sign something that agrees it's our land, and they're only having the lead and water run-off there as long as we allow them to.

and if you want to sell your house in the future it could be a deal breaker you really should get it sorted ASAP .

Exactly my thoughts.

 

[MickCheese]

If I were buying a home and saw that I would be concerned.

And it's not just the purchaser, often it's the solicitor who takes the initiative as the mortgage company have a share in the property until it's paid off.

But

I have had issues with a neighbour many years ago and it was hell, we ended up moving house to get away before I killed him, so try not to fall out over this. Not easy.

Mick

 

[Stimpi]

You have to do it I am not allowed to give provisional advice on a forum . Seek advice from your council start with Building Control They may give you a list of surveyors which you can contact or one of their surveyors will get the ball rolling but do it.
Regards
Mike B

 

[Triggaaar]

If I were buying a home and saw that I would be concerned.

Indeed, so I want to ensure we have the option to do something about it.

You have to do it I am not allowed to give provisional advice on a forum . Seek advice from your council start with Building Control They may give you a list of surveyors which you can contact or one of their surveyors will get the ball rolling but do it.

Seek advice to with an aim of getting something legal written up, or just having it removed?

 

[Cowboy _Builder]

The fence was there before I moved in ,The previous owner (now dead) gave them verbal permission or so they say but I'm not going to ask them to move it as 4 inch of my garden is nothing and I have to live there for the foreseeable future ,also when you move you are asked about any disputes or problems with your neighbours so in my experience it's best to keep everything sweet .

 

[Triggaaar]

I'm not going to ask them to move it as 4 inch of my garden is nothing and I have to live there for the foreseeable future ,also when you move you are asked about any disputes or problems with your neighbours so in my experience it's best to keep everything sweet .

Indeed, I agree. So I don't want the council telling them to move it, I just want it agreed in writing that it's not permanent.

 

[pip1954]

hi i would worry about after he has sold and gone.
YOU are left with the problem it then becomes he said you said and you are left with the outcome. he as you said is a developer he won't care about your point of view best bet is strike while the iron is hot .
get it sorted asap
all the best
pip

 

[Triggaaar]

hi i would worry about after he has sold and gone.
YOU are left with the problem it then becomes he said you said and you are left with the outcome. he as you said is a developer he won't care about your point of view

Although I don't think he's going anywhere, I think they plan on having it as their main home for a long time, I wouldn't let it become he said I said, so I want to get something in writing now - I just don't know if there's any sort of standard agreement that would suit this scenario.

all the best
pip

Cheers

 

[deserter]

Sounds to me like you have 3 options.
1) contact planning / building control.
2) contact a solicitor.
3) live with it.
I'd rule out 3 as if it's annoyed you now the feeling will only get worse. Personally I'd contact the building regs as it will cost you nothing, nut may upset the neighbor, having said that he didn't worry about upsetting you when he did the works.
Option 2 I'd the only way your likely to get an agreement however it will likely cost you a fortune, and if I were the developer, there is no way I would sign anything saying the building works are alright now but if you change your mind they must come down. I think you'll end up arguing anyway.

Sent from my D5503 using Tapatalk

 

[Phil Pascoe]

If there is any boundary dispute you or your neighbour has to disclose it if either property is sold, which will make any buyer run a mile. Sort it out legally.

 

[Doug B]

Whilst I appreciate you don't want to upset your neighbour obviously the feeling isn't mutual, otherwise he wouldn't have let it happen in the first place. It's obvious to anyone that can look upwards that guttering, on the whole, sticks out from buildings.
Presumably as is often the case he just wanted to maximise his floor space & was happy to let the builder build tight to the boundary, I would also imagine if the wall has been built sited in the centre of the footing to spec that those footings also extend on to you land by more than the overhang of the gutter.

As others have said by not acting now you are potentially storing problems for a later date that could be costly to you, I have over the years seen many boundary disputes & the only definite in any of them is that they have been very expensive to resolve.
At the moment you have a chance to sort it inexpensively through building control, if they agree it is over your land the easiest solution would be to sell the neighbour the small strip of land if you are not bothered about it, he could pay all costs for altering the deeds, there would be no future problems & it would be less costly to him than a rebuild.

 

[Triggaaar]

Sounds to me like you have 3 options.
1) contact planning / building control.
2) contact a solicitor.
3) live with it.
I'd rule out 3 as if it's annoyed you now the feeling will only get worse. Personally I'd contact the building regs as it will cost you nothing, nut may upset the neighbor, having said that he didn't worry about upsetting you when he did the works.
Option 2 I'd the only way your likely to get an agreement however it will likely cost you a fortune, and if I were the developer, there is no way I would sign anything saying the building works are alright now but if you change your mind they must come down. I think you'll end up arguing anyway.

Thanks.

I'm not doing 3) - not because I'm particularly annoyed, I just don't want it to be a problem in the future (eg, if stains run down our white wall, I'd want them doing the repainting etc). Re 2) I thought there might be something someone has done before, or that an architect could do (as architects do party wall agreements). If they won't sign anything, they can take it down now.

 

[Triggaaar]

Thanks for the replies, much appreciated.

If there is any boundary dispute you or your neighbour has to disclose it if either property is sold, which will make any buyer run a mile. Sort it out legally.

Thanks.

Whilst I appreciate you don't want to upset your neighbour obviously the feeling isn't mutual

You may be right there

It's obvious to anyone that can look upwards that guttering, on the whole, sticks out from buildings.
Presumably as is often the case he just wanted to maximise his floor space & was happy to let the builder build tight to the boundary, I would also imagine if the wall has been built sited in the centre of the footing to spec that those footings also extend on to you land by more than the overhang of the gutter.

I've just had another look - I don't know if they had many footings to do, as they (mostly) built on top of an existing wall. It seems their wall actually stops about 4" before the boundary, so the guttering is on their side - but they filled the gap between the wall and the boundary wall, and then they've got a big chunk of ply and lead to send the excess water to us.

As others have said by not acting now you are potentially storing problems for a later date that could be costly to you

Which is why I'm acting now

if they agree it is over your land the easiest solution would be to sell the neighbour the small strip of land if you are not bothered about it, he could pay all costs for altering the deeds, there would be no future problems & it would be less costly to him than a rebuild.

I doubt that would be low cost - there's the expense of paying for the deeds to be changed, and then there's the price of the land. But aside from the cost, it sounds like an odd solution, as it's not at the bottom of our garden or something, it's along our side path, next to our house. Even if they owned the boundary wall I wouldn't think they should be sending water onto it?

 

[Doug B]

Any chance of a photo?