New extension encroaches onto our land & no PW agreement

[Tonyc997]

Hi all, I posted this in the planning permission forum but feel this would actual be better suited here! (can't delete other thread)

Looking for some advice on a situation.

Next door has built a downstairs extension under permitted development. Unfortunately we did not catch it sooner but it's a bit of a bodge job.

They have built a party wall and not served a party wall notice to any of the three parties they should have (Freeholder and leaseholder).

The extension is not straight. By this I mean that the level of furthest encroachment is the corner seen in picture 2. This means if I were to extend and wanted a straight wall I must make a straight line from this corner, effectively meaning I lose many inches. If I were to place a laser level on the wall it points into my garden by about a quarter!

We had a surveyor measure the encroachment and he said "At the end closest to the house it encroaches on to the adjoining owner’s property by approximately 200mm. To the rear of the wall the extent of the encroachment increases to 260mm. The fascia and edge of the flat roof project approximately 50mm further giving an overall encroachment of approximately 310mm (just over 12 inches)."

So my question is this:

Does anyone have any experience with this kind of thing with regards to getting them to demolish and start again. obviously it appears they are well over the party wall line (which they don't have!). Do we have a chance of getting this pulled down?

 

[rjm2k]

Did the surveyor have no advice?

When you say 3 parties, freeholder and leaseholder, do the neighbours rent from the leaseholder? Or do you rent from a leaseholder yourself?

If so tbh I'd just move and leave it to someone else if it's a real issue.

Have you spoken to the local council about a planning/BR breach?

Could get expensive and nasty, love thy neighbour eh

oh and investigate your house insurance, it may have legal cover, they may be able to help/advice

 

[Tonyc997]

Did the surveyor have no advice?

When you say 3 parties, freeholder and leaseholder, do the neighbours rent from the leaseholder? Or do you rent from a leaseholder yourself?

If so tbh I'd just move and leave it to someone else if it's a real issue.

Have you spoken to the local council about a planning/BR breach?

Could get expensive and nasty, love thy neighbour eh

oh and investigate your house insurance, it may have legal cover, they may be able to help/advice

No advice at this stage.

My dad is the freeholder. My mum is a leaseholder (soon to be me, she died recently) and a family friend is also a leasholder - there are two flats in the property.

Moving isn't an option. Besides, what's the first thing a surveyor is going to find when a new buyer looks to move in?

Council doesn't care about border disputes like these. Additional there is no planning as they never got planning permission - it was built under permitted development which means planning isn't required.

I'll ask the insurance company. This is a bit hard because the person holding the insurance has actually passed away. Currently seeking probate.....

 

[JoeMar]

sounds like you are a rather vindictive, nasty and jealous neighbour! You waited for them to finish their nice new extension and now looking for ways to get them to tear it down?

FFS!

 

[Tonyc997]

sounds like you are a rather vindictive, nasty and jealous neighbour! You waited for them to finish their nice new extension and now looking for ways to get them to tear it down?

FFS!

Not at all. Perhaps you should gather more facts before coming to such baseless conclusions eh?

Our house is two flats. Ground floor is let out to tenants (owner is family friend) and the leaseholder rarely visits.

First floor was owned by my mum. She passed away in August after a battle with cancer and didn't enter the garden at all the last year (even is she did she would have had no idea about buildings and extensions).

Now my mum has passed away me and my dad carried out an inspection of the garden (no direct access, you have to go via a main road) and have noticed just what a bodge job it is.

I think when a party ignores the law (no party wall or Notice of Adjacent Excavation) and then goes onto build about a foot onto a neighbours land it's quite clear where the 'nasty' lies? This is not a house with a family in it. It is empty, was bought to extend and then sell on for a profit.

 

[kingandy2nd]

Sorry to hear of your loss.

That last sentence you mention about the other house being renovated to sell for profit, then that will help you cause.

Lodge a dispute with the relevant authorities about the issues as you’ve mentioned here. This should cause difficulties for the party trying to sell the property.

Once the property is on the market, you can also contact the Estate Agents to make them aware of the dispute.

 

[jagillham]

Guess you can't do what you would with an overhanging tree?

Chop off anything over the boundary, and pass it back

 

[jeds]

Planning department has no authority unless the extension breaches a planning law - which is unlikely.

Party wall act is irrelevant at this stage because it cannot be invoked retrospectively.

The neighbour has trespassed on your land and you are obviously entitled to seek a solution to that. The only option now is to take legal action so the next step is a visit to your solicitor.