Neighbour has built an extension over the boundary line!!

[Wellingtons]

Please help with some friendly advice.
My neighbour has just built an extension. They have taken down the boundary fence, and have come over by a couple of inches so the fence can now not be put back where it was. It is more the dam cheak than anything else. There is no party wall agreement between us and they did not ask for permission. I want to tell them to take thing down. Does anyone know my rights??

 

[noseall]

It never ceases to amaze why people do this.

If an extension (external wall) is not built say a minimum of 100mm inside your own boundary then the inevitable overhanging bits and pieces will always be in trespass.

The above is relevant for a cut brick gable elevation. If however there was to be a soffit and gutter detail then the 'buffer' zone needs to be much greater.

The only way you could possibly maximise, i.e. build the external wall on the boundary line, is when both parties agree to it, in view of say both neighbours building an extension and sharing the party wall.

Proving that they have encroached may be awkward unless the breech is glaringly obvious. Courts frown upon petty boudary issues wherby the encroachment is only millimetres.

 

[Wellingtons]

Thank you for your quick reply!
It is quite obvious that they've gone to far albeit not much, I will get a surveyors opinion in writing! It should be black and white really, it's my land get off!!! It's exaggerated by the fact it's an ugly extension! Do you think it's worth pursuing? Or am I creating a lot of work for myself? Or in other words would you take legal action?

 

[noseall]

Why was this never picked up at the foundation stage and commented on?

The builders would have had to have been in your garden for a good few weeks. Have you been away?

 

[Wellingtons]

Yes been away for the most part, also the main structure was fine, only when all the wooden cladding ect had been put on that its come over! Thanks anyway, I have a surveyor coming round today so should get sound advice! Cheers again!!

 

[kjacko]

Do you not like your neighbours?
I get that they have encroached on your boundary. However, they may not even know, it's down to the builders/surveyors/inspectors etc to know this or even advise the owners.

If you create a storm over this and win (and they have to take it down), you'll be living next door to your mortal enemy for as long as you both live there.

Think how you'd feel if the situation were reversed.

 

[Wellingtons]

Oh they know there both architect's and know what there doing, I know nothing and from day 1 they've been trying to move boundary lines etc! I know nothing about all this until now, doing my own research and found we don't have to be pushed around! I take what your saying though and I'm all for peace an would have overlooked it but they've decided to go for a terrible 4 bed house at the end of our garden now! As far as I'm concerned its time to push back! They will build that cheaply and sell both and move on leaving a mess!! Ok Rant over! I can now understand why there's so many wars over countries etc!

 

[freddiemercurystwin]

Have you spoken with your neighbours yet?

 

[Wellingtons]

Of sorts but need to know legally where I stand first!

 

[kjacko]

Sounds like they may well be taking advantage of your 'assumed' lack of savvy as regards this topic. So, as you said, time to push back.

If it were me, i'd take them to the edge of court to show them you're no pushover AND to see if they're prepared to offer you some compensation, then look for a mutual agreement.

I know it's the principle of the thing, but i'm guessing you don't exactly need the 100mm or so for anything in particular?

If not, then try and strike a deal.

 

[john4703]

Some years ago I had a similar problem and I spoke to my neighbours and said that as their extension was on my land I'd be reasonable and gave them 48 hours to get it moved or I would demolish it and return all spoil to their land.
After some discussion I agreed to sell them the land for a reasonable figure plus all costs. I think the fact that I had a compressor and jack hammers in my garden showed that I was ready to remove anything I did not like.

 

[tony1851]

It seems the OP is concerned about the principle of the encroachment rather than nursing any significant loss.
Courts do not take kindly to actions for tresspass over minimal pieces of land. The cost of demolishing the wall and moving it back a few inches will outweigh the cost of the land taken. In court, the OP could end up with nominal damages (£1?) and costs.

 

[luisdesign]

You should bear in mind that boundary fences are normally constructed INSIDE a boundary line. Where they may have apparently built the wall over the fence centre line, it may actually still lie within their land. However, unless they have used offset foundations it is likely that these HAVE been built in your land.

The Party Wall Act should cover this situation. Read through the explanatory booklet to see what should have been done.

READ HERE

Your neighbour should have notified you of works. They would have been excavating near the boundary as well as building up against, or astride the boundary line. However, there is no enforcement procedure for failure to notify. If work is still continuing then you raising a dispute will enable the works to be stopped under a Court Injunction. If the works are already completed then you will likely only be able to claim for compensation. I would suggest seeking legal advice.

The fact that your neighbours are architectural professionals, and did not take the proper steps should hold you in good stead. Not only should they have known better but if you really wanted to you could even approach the registration board (ARB or RIBA) to lodge a complaint.