Can We Reinstate Side Window?

[Spuggy]

Hi all,

The previous owner built a garage down the side of our semi detached house. The garage overlapped a side window in the dining room. The window itself was never removed or blocked up. It is still glazed and exposed on the inside of the garage, and inside the dining room it is covered by a thin sheet of painted board nailed and caulked around the frame edges.

We would really like to move the front of our garage back by around two metres to allow this window to be reinstated and used again.

However, some years ago the previous (not current) owner of the detached property next door built a small conservatory off the side of our garage single skin wall, rendering our semi and his detached into a terrace. Our properties are still meant to be detached and semi-detatched.

Does anyone know where would we stand with regard to taking down the section of wall required for our work, bearing in mind that our current neighbour would lose a two metre chunk out of his conservatory?

He is a difficult neighbour at the best of times and something like this will no doubt infuriate him, so I would need to do everything by the book.

Any advice would be very greatly appreciated.

 

[spraggo]

Regarding your neighbour building off the side of your garage it seems that you are heading into a boundary dispute. Is the garage wall your side of your boundary line? check your house deeds.
If it is, he is encroaching onto your land, which he is not allowed to do without your written permission. The trouble is if he did this work more than twelve years ago without any complaint from you in that time, he could claim squatters rights.
Boundary disputes can be very costly so I would check your deeds and try to have a friendly chat to him to resolve this issue rather than employing a solicitor.

The window in your garage was boarded over to prevent a fire hazard and to prevent fumes entering your house. If the garage were moved you could re-instate it.

 

[Spuggy]

Neither our next door neighbour or ourselves were living here twelve years ago, so no real idea when his conservatory was built.

Even when he bought his place next door three years ago, it was sold as ‘detached’, despite it joining our garage.

A tad annoying that we may have to ask his permission to take part of our own wall down!

Will drag the deeds out this evening to check what is what.

Thank you for your help.

 

[spraggo]

In that case it seems you could have a claim against the solicitor that drew up your deeds, Try having a word with your local citizen`s advice bureau.

 

[DevilDamo]

it was sold as ‘detached’, despite it joining our garage.

The term for that is referred to as "link detached" so it's kind of right, but it's still not correct.

As mentioned above, seek professional advice, maybe the solicitors who dealt with the house sale?

If you did approach the CAB, the first thing they would ask is if you have approached the solicitors direct because it's normally when that party does not respond that you then turn to the CAB.