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Encroaching existing neighboring extension

Discussion in 'Building Regulations and Planning Permission' started by Kieran85, 26 Apr 2017.

  1. Kieran85

    Kieran85

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    Hi,

    Looking for some help. My wife and I recently had an offer accepted on a property. On our second viewing, I noticed that the neighbor's rear extension encroaches by about a foot into the properties boundary which we are currently buying. Furthermore, the single storey extension also has two high level windows which directly overlook the garden. Please see the photo below. The property we hoped to buy is on the right (with the brown pebble dashed rear elevation). Neighbor and extension to the left.

    I have had a look on the council planning portal, and there is not trace of the extension, therefore it has lead me to believe that it pre-dates there electronic system. I thereby conclude that has stood for longer than 12 years.

    Is there anything I could do if I continue the purchase of the property? Should I be deterred? Would the windows prevent me potentially extending in the future? Would I be able to use their wall which currently saddles our boundary as a party wall and get them to block up their windows?

    Thanks for reading, any help greatly appreciated before we go any further...or not!

    [​IMG]
     

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  3. GeoffJ

    GeoffJ

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    Just because it is not in the planning database does not mean that it must be over 12 years - it may have been built without planning consent or a permitted dev. cert.

    Looks like it follows the party wall - this can be good - you can build an extension off the side wall - probably removing the side windows. A extension to match the neighbours would be an improvement tio what is there now.
     
  4. Mottie

    Mottie

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    Could you not view it on Google earth and use the time view?
     
  5. motorbiking

    motorbiking

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    ask the vendor when the neighbour extension was built and if any permissions were given.
     
  6. freddiemercurystwin

    freddiemercurystwin

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    To what end is he asking?
     
  7. motorbiking

    motorbiking

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    is there any dispute, have rights been granted have they previously served noticed inhibiting adverse possession etc.

    but mostly to haggle on the price. it is restrictive and encroaching
     
  8. freddiemercurystwin

    freddiemercurystwin

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    It doesn't look like a foot to me, a decent photo would help. The OP doesn't have to buy it so how can it be encroaching for the OP? You sound like a nightmare buyer.
     
  9. GeoffJ

    GeoffJ

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    I suspect, if we accept that it is on the party wall, the concern is the trespass of the fascia board, window sill and roofing felt. Even under planning permission/LDC, or the passing of 5 years this would remain trespass.

    Normally when buying the house, your solicitor will write to the vendor asking any questions to clarify any issues such as this. Some clear questions seeking to understand the legal status of the extension and therefore the use of the party-wall and the legality of encroaching materials would seem to be in order. Make it your vendors problem to provide the answers.

    The risk here is that there is a written or verbal agreement to the trespass that can be interpreted to be "in perpetuity" that you would struggle to have put aside.
     
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  11. Kieran85

    Kieran85

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    Thanks all for the advise.

    freddiemercurystwin, I know it is a foot over as we have already paid for a survey and this was flagged up. I do not want to buy a property which could hinders my ability to extend, nor affect the value of resale. If that makes me a nightmare buyer, then so be it.

    Motman, thanks for the useful advise, I did google earth timeline it, and is appears in the 2000 satellite image, therefore it has stood for over 17 years.

    GeoffJ, I will raise the above with my solicitor before going any further.

    Thanks again all.
     
  12. freddiemercurystwin

    freddiemercurystwin

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    It wasn't aimed at you.
     
  13. wessex101

    wessex101

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    Probably the easiest and quickest solution is to knock on the neighbour's door and ask them how they feel about you butting your extension up against theirs and blocking their windows.

    If they are happy about then all is good. If you get an earful of abuse you probably don't want to buy the house anyway.
     
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  14. GeoffJ

    GeoffJ

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    Up to a point. If they are happy for the building work, then you need this in writing in case they change their mind.
     
  15. napoleondynamite

    napoleondynamite

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    Just demolish the section of their extension which is built on your land? :)
     
  16. ^woody^

    ^woody^

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    As it stands, its a fire risk with those windows.

    Potentially it is now a party wall, which could be used in the future, but its a liability and impacts on what can be done with any future extension.

    You certainly need it defined within the deeds and conveyance, else it then becomes a problem at the next sale time
     
  17. tony1851

    tony1851

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    And get prosecuted for criminal damage???
     
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