Case Update Party wall roof issue.

[Bouba]

Good evening. A while ago I asked for advice here,regarding my mother's house who had an issue with the new neighbour's.

They wanted my mother to remove the roof overhang, which had been in place for over 16 years. We have now received a solicitor's letter asking us to remove it and keep it on our side of boundary.

The roof is covering whole of party wall as seen in picture. How do I remedy this please. Do not have enough funds for a party wall surveyor or for legal scavangers.

What to do with the gap if i put the roof on this side of boundary. The neighbours extension is away from the boundary line.

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Original thread:
//www.diynot.com/forums/building/hip-roof-to-pitchneighbor-problemsadvice-please.405009/

 

[terrypin]

If you need to do it then you could convert it to a verged roof instead of a hip. This will remove the need for the gutter and hip and bring the roof inline(almost) with the outer part of your wall on the right.

Whether this will satisfy your neighbour, who knows so maybe worth running it past them first.

Also check how next doors roof is attached to your wall, any alteration may cause them some problems.

If they persist then get everything in writing before doing any work.

I am no legal expert but it may be worth spending an hour with a solicitor, it may just save you money and hassle.

 

[freddiemercurystwin]

Why have you not tagged this onto the original thread?

Time for some Mods action!

 

[Bouba]

If you need to do it then you could convert it to a verged roof instead of a hip. This will remove the need for the gutter and hip and bring the roof inline(almost) with the outer part of your wall on the right.

Whether this will satisfy your neighbour, who knows so maybe worth running it past them first.

Also check how next doors roof is attached to your wall, any alteration may cause them some problems.

If they persist then get everything in writing before doing any work.

I am no legal expert but it may be worth spending an hour with a solicitor, it may just save you money and hassle.

#


The pebbledashed wall you see under the roof with a black line(next to rainwater downpipe) is actually party wall.The boundary is in the middle as it is solid 9" wall.According to mother the previous owners had a smallish rear extension done around 15-16 years ago.The builder working for them build the wall away from the boundary line.No party wall was issued.The same builders built the hip roof which overhangs their roof.

If i remove the roof and put it on the boundary it will be in half of the party wall.Then there will be a gap.Rain will get in this gap and cause damp on both properties.At present the gap is being covered by the hip roof.

The new owners are youngish couple,and want everything by the book.They have said they they do not wish to have any problems(yet sent my mother a solicitor's letter).Mother is very worried and we also now have a dispute we have to declare if we ever sell the house.Wonderful country it is..

 

[tony1851]

If your neighbours were peevish enough, they could apply to the County Court for an injunction to have the overhang removed as it might constitute a trespass.

However, an injunction is always at the discretion of the court. It may well be that after 16 years, a judge decides that your mother has obtained a right to that overhang.

The neighbours moved into the property with knowledge of the overhang. FWIW my guess is that the worst that would happen if the neighbours went to court is that they would be awarded nominal damages (£1?) for the technical trespass, plus costs, and most likely the overhang will stay.

 

[freddiemercurystwin]

This thread may be useful: //www.diynot.com/forums/viewtopic.php?p=1878006

The forums here http://www.gardenlaw.co.uk/phpBB2/index.php are pretty hot on boundary disputes.

Your mother may have legal cover on here house insurance.