neighbours conservatory on and over a boundry line

[Dan1414]

Here's the story: Just bought a house with a large extension at the back which was built in '89 with all proper building regs etc. I've gone to put up new upvc facias etc only to find the neighbours have erected (relatively recently but before I bought the house) a conservatory which is hard up against the side of my extension and uses my facias as part of their flashing. My extension has been built atleast 6 inches from the boundary line which makes their conservatory built not only on the boundary but on my side too. There is a foundation directly next to mine and they have also drilled into my building for other purposes too (hanging baskets etc). Even though there is no obvious sign of damp or subsidence Im not happy about such a liberty being taken and potentially causing value/re-sale problems in the future. Any pointers would be appreciated

 

[^woody^]

You should really have sorted this out (or at least noticed it) prior to purchase. and got some money knocked off the price

You may have a difficult/impossible job now getting redress

But the question you need to ask yourself is "What is the actual problem, bearing in mind I bought the place like it?" and is it worth the legal expense and bad relations with the neighbour in trying to correct a problem which may not be a problem?

I like your comment "... such a liberty being taken and potentially causing value/re-sale problems in the future"

What "value/sale problems" did it cause you?

 

[Dan1414]

Thanks for the advice. Got 30k knocked off so suppose I shouldn't grumble too much

 

[JonoPashley]

Contact your local building control as such a construction over the boundry probably wasnt done under their authority.

 

[^woody^]

It wont have been done under their authority as it is/was not required to be

 

[stem]

Got 30k knocked off so suppose I shouldn't grumble too much

So lets see. You bought the property in full knowledge of the neighbours extension and were happy to accept 30K because of it. Having taken the money now you say.

Im not happy about such a liberty being taken and potentially causing value/re-sale problems in the future.

Sounds a bit like "having your cake and eating it to me"

 

[jeds]

If I were you I'd find an amicable way around it. You are replacing fascias anyway so why not suggest to the neighbour rearranging the current fascia and gutter into something a bit more suitable.

 

[Richard C]

Regardless if you knew about the situation, secured a substantial discount on the property because of it or want to have your cake & eat it is irrelevant. Neither can they use your facia as a part of their cons or fix anything to your wall without permission; it effectively amounts to criminal damage.

If the boundary is clearly marked on your deeds, it’s easily proven & your neighbour has built over your boundary then you can force him to remove it. It may take some time & cost a lot of money (which you should get back if you win) but what is guaranteed is that relations between you & your neighbour will probably become “war like” & never be the same again. I would suggest you at least talk to them first to try & resolve the situation amicably to mutual agreement.

 

[seco services]

as richard c said regardless if he knew or not.

i brought our bunglow 15 yrs a go next door had a bunglow which they built an extension on in 1990 which was over hanging my boundary
now 13 yrs later i want to build my extension but next doors is in the way.
i took this to court and was granted that next doors extension was to be moved out of my boundary.
which it was and i'm now half way through doing my extension right up to the boundary line.

so if he knew about it or not won't come into it.

 

[Richard C]

I brught our bunglow 15 yrs a go next door had a bunglow which they built an extension on in 1990 which was over hanging my boundary
now 13 yrs later i want to build my extension but next doors is in the way.
i took this to court and was granted that next doors extension was to be moved out of my boundary.
which it was and i'm now half way through doing my extension right up to the boundary line.

so if he knew about it or not won't come into it.

Great to get an honest post, I think I'm gonna tag it for future ref. Sometimes it’s very hard to convince folks of what they can do based on regulation & legality rather that pub based emotion & opinionated hearsay. Regardless or not of what folks consider is morally justified or otherwise, if you work within the rules (& it’s generally no more hassle) you can’t go wrong. If your a chancer & take the ****, there is always the chance you will get found out & pay the consequences &, personally, I truly hope those that do, will.

PS. How do you get on with your neighbour now

 

[seco services]

cut along story short its a women and two teenage boys.

the owners who built the extension divorced and moved.
then when i took it up with the new neighbour i got told its not my problem it was here before i moved in.
i told her that you bought the bunglow you bought the problem.
being as she abit thick and i was getting no where one night it was peeing down with rain and the gutter that was causing part of the issue i took a spade to it and ripped all the gutter and facia board off.
as you do the police came,

i then took it through a solicitor and a arbitrator came measured everything then told her (as we both had to be with him when he measured up) its in my boundary its got to be moved by certain date.

it wasn't done by the date as shes abit divy it then went to court and she was told again not to abuse the court system move it.

her reply was i didn't think the arbitrator meant it. stupid cow.
its now done and she keeps out of my way but we don't talk.

i think it cost her just over £15000 for work and she had to pay all my costs etc.

like you say richard it don't pay to abuse the system.

 

[ColJack]

you sound like my old charge hand..
his neighbours were building an extension...
the kitchen and WC extract fans were pointing onto his property ( built to the boundary ), so he spray foamed them up.
the gutters were going to be fixed to the wall, making them on his property, as well as about 2 inches of roof... he took these off with a chainsaw one night after a heavy drinking session ( not a good time to weild a chainsaw.. ), and was promptly arrested and bound over to keep the peace for 6 months..

the neighbours had to fill in the holes on the wall and duct their fans ont their own property, and had to install the gutters on top of the wall and adjust the roof accordingly..

 

[seco services]

you sound like my old charge hand..
his neighbours were building an extension...
the kitchen and WC extract fans were pointing onto his property ( built to the boundary ), so he spray foamed them up.
the gutters were going to be fixed to the wall, making them on his property, as well as about 2 inches of roof... he took these off with a chainsaw one night after a heavy drinking session ( not a good time to weild a chainsaw.. ), and was promptly arrested and bound over to keep the peace for 6 months..

the neighbours had to fill in the holes on the wall and duct their fans ont their own property, and had to install the gutters on top of the wall and adjust the roof accordingly..

i got two that thought they where bodie & doyle turn up.
right pair of plonkers no older than 22.
they tried putting the world to rights
then i told them it was a civil matter f*ck off they soon did.

 

[^woody^]

Damaging someone else's property is a civil matter?

 

[Shytalkz]

Essex Woodster. Different rules there.