Neighbour's garage over boundary line

[peca27]

Morning all

A friend of mine had a neighbour move in, to the property at the rear of his house, a few years back. Since this new new neighbour moved in a few years ago they have built a rear extension + put up a boundary wall. Recently they have put up a detached pre-fab single garage also. Now the problem with the garage is that the end of it oversteps onto my friends garden by approx 25cm.

Therefore we've got approx 0.75m2 of there garage overstepping onto my friends land. Now he has tried to ammicably resolve it, but the neighbours seem oblivious to his concerns. They are now beginning to knock down the originally built boundary wall, which leads me to think that they will build a new boundary wall from the new garage line + therefore attempt to take even more land.

Now I've told him to take pictures etc etc + I've had a look at the site plan he got from the council. Now these plans come at 1:1250, we can enlarge them, but it's gonna be difficult to get exact locations of boundaries (we are talking about a 25cm overstep). The local Planning Dept have said he has permission for the garage + he shouldn't have overstepped into the adjacent garden BUT they can do nothing about it.

Question is..........who can we contact next + have you got any advice please?

 

[Richard C]

I found this forum usefull when I had problem over a neighbours fence - http://www.gardenlaw.co.uk/phpBB2/index.php.

Unfortunately it may be one for the solicitor!

 

[noseall]

tell him to get down the garden sharpish and erect a fence on his own property.

 

[Thermo]

The local Planning Dept have said he has permission for the garage + he shouldn't have overstepped into the adjacent garden BUT they can do nothing about it.

i suggest he goes back to them again as the property has been built outside of the original permission as its not on the land the permission is intended for.

 

[Aqua]

As i understand it a boundry in this case a wall, is shared property between two houses etc, i would be very worried if my neighbour started to set about the boundry between our houses.

As Thermo has written the garage has been built outside of the original permission, therefore by default it must not be on your friends land.

I would have him check the ownership of the boundry wall and if it is shared or your friend owns the wall, they must stop knocking it down straight away.

This could get messy, pictures and a diary of events may come in handy when it gets all legal

 

[jeds]

Might be worth checking the drawings and block plan submitted with the neighbours planning application. You can download these on-line from UKPlanning.com

I would check all details including positioning, orientation, dimensions etc. It is common for people to try and pinch a bit of extra once the application is approved.

http://www.ukplanning.com/ukp/index.htm;jsessionid=6129036D522971F128F0BED5DDBD4027.wam1

Unfortunately it is a difficult position when a neighbour decides to just forge ahead and take land. The most important thing for you is to maintain the position of the boundary as it stands. Take photographs and if possible take an accurate survey with accurate scale and dimensions. It is really better if you have this done by an experienced surveyor as it will hold more water if it comes to a fight later on. The average fee for this is about £250-£300

 

[peca27]

Thanks for replies

The boundary wall, being demolished at present, was put up by the neighbour 2 yrs ago + is their property. The line the wall was built on 2 yrs ago is ok, in terms of boundaries etc.

Jeds, it useful advice cheers. I'll let him know about the need for an accurate survey etc. in case it has go to the lawyers. I'm gonna go onto the planning portal + see what the dwg's show.

 

[^woody^]

The local Planning Dept have said he has permission for the garage + he shouldn't have overstepped into the adjacent garden BUT they can do nothing about it.

Thats rubbish.

As part of the planning permission it is expressly prohibited to build over any boundary line without the permission of the owner of the adjacent land. If he wanted to build over, then you should have been served a notice on the land owner as part of the application.

It is more likely that they don't want to take the time and expense, but it is their duty to at least investigate any breaches and then make a decision whether to take enforcement action. And you should be informed accordingly. If their decision means a material loss to the neighbour then legal claims for compensation can be sought from the council.

What your friend can do is send them a recorded delivery letter noting that the building is on your land, and stating that it is not the intention to relocate the boundary - even if your friend decides to take no further action. This will prevent any future adverse possesion claims on the bit of land.

The land could be sold, or licenced to the neighbour, and perhaps offers should be invited as its such a small area of land. But more importantly it will register a dispute which will impede any future sale of the property

 

[NS215]

maybe the land is leasehold so therefore the lease holder has been told (not your friend)and agreed

 

[^woody^]

If it is leasehold then the tenant/leaseholder always has best interest in the land - ie it is not the landlords prerogative to give away part of the land which he leases without consulting the tenant/leaseholder.

And notice would normally be served on the neighbour anyway

 

[peca27]

Cheers for the reply Woody, I wasn't aware that the Planning Dept/Council have a responsibity to ensure that a planning approved building has to be built as per the dwg. It's not as if they have to come out check it after completion (as would be done by a Bldg Control Inspector). Once planning have approved a proposal, they don't come out to 'sign it off'.

But I'll pass the info onto my mate + see how they respond, he has already rung them with this query + he was told that they can do nothing. But in writing it might be a different story.

The land isn't leasehold, it's a freehold property owned by my mate.

Cheers for all the help

 

[snozzer]

A couple of points.

How amicable was the attempted resolution?
Are the neighbours nightmares, fighters, or just chancers?

If you friend is confident that there is an infringement, then prepare the case for the prosecution strongly.

1, issue a letter sent recorded delivery to the neighnour, highlighting the infringement, and giving them 28days to resolve.
2, get a surveyor, or a least some one with sufficient skills to make a ground survey of the area, I suggest this is done when the neighbours are in, so they can see (win the physcological battle)

3, quickly put a shed or something up right on the boundary, then borrow suitable large nosy and angry dog and leave it in the garden.

4, Perhaps a small accident in the garden to property on your friends land, ding the corner of the prefab with a transit van and say, we always used to be able to get it in before you built on my land.

5. Issue a demand for restitution, base it on 50% of what the cost moving the prefab will cost, go to county court and start a small claims to deal with it.

 

[studips]

A couple of points.

How amicable was the attempted resolution?
Are the neighbours nightmares, fighters, or just chancers?

If you friend is confident that there is an infringement, then prepare the case for the prosecution strongly.

1, issue a letter sent recorded delivery to the neighnour, highlighting the infringement, and giving them 28days to resolve.
2, get a surveyor, or a least some one with sufficient skills to make a ground survey of the area, I suggest this is done when the neighbours are in, so they can see (win the physcological battle)

3, quickly put a shed or something up right on the boundary, then borrow suitable large nosy and angry dog and leave it in the garden.

4, Perhaps a small accident in the garden to property on your friends land, ding the corner of the prefab with a transit van and say, we always used to be able to get it in before you built on my land.

5. Issue a demand for restitution, base it on 50% of what the cost moving the prefab will cost, go to county court and start a small claims to deal with it.

cor, i wouldn't like to cross you. lol


a couple of friends of mine get into these situations regularly - their take is always that if foundations, walls or gutters encroach then the neighbour is in breach of the law and doesn't have a leg to stand on. especially if that leg is on the wrong side of the boundary.

 

[HERTS P&D]

Hey Stud,

did you see the date?

Andy

 

[studips]

Hey Stud,

did you see the date?

Andy

lol nope