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Extension -neighbour -what to do- help

(6 Posts)
frillyflower Wed 01-Feb-17 14:50:30

We are building an extension to our kitchen of our ground floor flat. We own the entire ground floor including the garden.
Our upstairs neighbour (converted Victorian house, three flats, all share freehold) objected to the planning permission but was overruled.
She then raised 3 concerns about our work although she also said (in writing) that she didn't want to stop us going ahead and to address these we are putting in an acoustic ceiling, a soft closing front door and lowering the height of the kitchen roof.
She then said she wanted us to agree that no maintenance or repair issues arising from our extension would be the responsibility of the other flat owners. We readily agreed to this (also in writing as she asked).
She then warned us that she had not yet given permission for our work - despite us negotiating with her since September and agreeing to all her demands.
We have asked her to drop us a note of agreement and she has not replied despite the work beginning next week as she has known for a long time.
Our lease says we have to seek the permission of the other freeholders but also that their permission should not be unreasonably withheld.
Does anyone have experience of this? Is she now acting unreasonably?
We want to get on with the build without this hanging over us.
Any advice? Thanks.

minipie Wed 01-Feb-17 15:02:39

I think in your shoes I'd be brave and get on with it. I'd send her a written letter saying you believe any refusal of permission now would be unreasonable (give reasons ie you agreed to her requests, work is about to proceed) and so you are proceeding. I doubt she'd sue and if she does I doubt she'd get anywhere.

wowfudge Wed 01-Feb-17 15:15:34

She's already put in writing that she doesn't want to stop you going ahead therefore for her to say now she still hasn't given her permission is hair splitting imo.

frillyflower Wed 01-Feb-17 15:21:16

Thank you. This is really doing my head in now!
To make it worse, she did her own building work two years ago. We made no objection except we said if our glass kitchen roof was damaged she would have to repair it. It was and she didn't. She didn't ask for written permission for that building work and we only said in an email that we had no objection in principle. She went ahead anyway.

minipie Wed 01-Feb-17 16:01:38

Right well you jolly well go ahead then!

frillyflower Wed 01-Feb-17 17:52:25

Mini pie! Liking your style. She really is the most unreasonable person. She always wants cast iron gusrantees for everything e.g. Can you guarantee that a burglar wouldn't cross your extension roof and burgle my flat?!
I think all she can really do is refuse to sign over the freehold if we ever want to sell.
Frankly shared freeholds are a nightmare. I'd advise anyone to steer clear!

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