CF Neighbours plans

[Arewe29]

I need to rant!

Got a letter from the council to say that my neighbours are building an extension, went around to ask for a full copy of the plans, as where we live (hill) will cause issues to our house. They said that they did not have any and that they did not know planning was even sought, bullshit!

I went online and yep there plans show that they are trying to build on our bloody land. Fuck me they must think I am stupid.

This is true. I said up thread that they need to write a legal letter. It is not even a party wall issue, as there is no shared-ownership wall / fence. We had neighbours who tried to build on our stone wall, started a party-walk process, didn’t get very far because we were unwilling to give them an easement to build on our wall and put guttering in our garden, then ( having spent a small fortune on a party wall surveyor) gave up and made plans within their own boundary. No idea what they were thinking. Our wall is solid stone, but was never built to support a house and belongs to us. It would only have become a party walk if they had built on it. However, we found it did help to tell the council planning department because, although planning permission is only meant to be decided in planning grounds, planning officers don’t want council time wasted on speculative applications with no legal prospect of being built.

*wall not walk.

Does the tree have a TPO? If not, get one. And ask that the council ensure their building plans include details of how they will protect the tree’s roots from harm.

You can apply for planning permission on land you don’t own (developers do it all the time when they have a conditional contract) but you have to tick a box on the form to say you’ve notified the owner.

As I understand it it’s an issue here of metres of land they need for their foundations and not just 9 inches?

If it encroaches on your boundary line they will have it automatically rejected.
To be honest I’m amazed the architect let it go to planning, we only had a small extension but they were so detailed.

OP you can get free advice over the phone from RICS surveyors: www.ricsfirms.com/helplines/ www.ricsfirms.com/helplines/]]]]

And get yourself over to the garden law forums : https://www.gardenlaw.co.uk/phpBB2/ It's not the fastest-moving site but the people on there are very knowledgeable.

Are you sure this is true? I wouldn’t rely on it - but do you have first hand experience of this.

Have you got legal cover with your house insurance that you can use.

No it can be granted because I could apply for planning on the kings land and get it granted. Because planning doesn’t mean you have the right to build that requires ownership as well as planning.

They said that they did not have any plans at the house, and they did not know they were submitted to the council although thats clearly BS.

They are now denying that any working including the footing will be on our land and that the dotted red line is not the boundary just where the works are going to take place. When I pointed out that it was inside our garden they said that they would come round with their architect, who just happens to be on holiday until after I can submit an objection which is laughable that they think I am that stupid.

Lots of back peddling by them, I have stated that I will be instructing a party wall surveyor and that they will be liable for the costs, which they have said they will not pay. Just sent the GOV.UK guidance on that.

They are truly CF

I would like to say that I would not be objecting to these plans if they were not going to be putting a wall in my garden.

I think the plans on what they want is a lot better than they have now, I just do not want a retaining wall and the footings in my garden. Simple.

They can dig the foundations in their garden and build the wall in their garden.

They are silly to think that we do not need a party wall agreement even though their extension is less than 3 meters to my foundations.

I feel for my neighbours on the other side of them they are having a basement added to that side.

Have you looked at your house insurance? Often has legal cover.

A free retaining wall with their bloody terrace/patio on top of it in my garden.

We don't need a retaining wall otherwise we would have built one.

They probably think planning permission is permission to build. "But they told us we could!"

They are not saying that the boundary is an issue they just think they can build in our garden, or put a wall in our garden as it will make their terrace/patio nicer and bigger hence the CF.

We had a fence put up a couple of months ago, we paid and put it up with agreement of them exactly where the boundary is, so no issues there.

The OP should not pander to this nonsense. applicants name will be on the application. the y may be able to apply for permission but since the Op has no intention of selling the land the neighbour would be in breach of the law if they started work.

CF gold!

I know.

The fact that they keep saying yes but no, and they can not see that they are being CF, and are trying to justify themselves.

They also will not pay for the party wall surveyor is just even funnier.

The sad thing is they seem like functioning members of the public

Definitely put in an objection. See if your insurance covers legal help. This is not ok.

It's bad enough that they want to build the wall on your property so that their terrace can be bigger, so is denying that they put in a planning application at all, which is an outright and stupid lie. But planning to remove YOUR TREE that's growing on your property takes the biscuit. That would have me incandescent with rage.

I don't know how architects can be so cheeky. Do they just think "oh, the neighbour won't mind"? Or do they think the planning permission will go through and you'll have to lump it?

Absolute rubbish. I have been through this and this is not true. Nobody will help unless you appoint a surveyor. Even then you have to go to court and spend thousands defending your own property .

There is no boundary dispute as our boundary is clearly marked on their plans..... Which is not in question.

They have just put the wall into our garden.

Our neighbours are not disputing the boundary they just want to put the wall in our garden and think they can get away with it.... if they were trying to say that our garden is their land then they architect would have moved the boundary in the drawings.

This is what the CFuckers think they are entitled to do.

The architect really wouldn't. My neighbours architect did the same and yes, they ended up building on our land. I'd they admit its not their land its still down to you to stop them building on it.

I'm just sharing what happened to me. Get a party wall agreement in place.

You can force them.to pay for a party wall surveyor. The only power you have.

That is what I am getting in place on Monday morning.

I can object to the plans I need a party wall surveyor.

The best thing is I worked for architects for a couple of years and know that this is not unusual. The neighbour will not mind they have lots of garden, bit when we ever sell it will come back to bit them.