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.

I agree with the above. Get a party wall surveyor today.

If they start work without one there is nothing you can do except get an injunction. The Police will come for a breach of the peace, yes. But they won't stop the building work as its a civil matter.

Honestly, I've been through all this and spent months reading up on it.

You said it isn't a boundary dispute it actually is, but you are raising it because they are building over the boundary.

And just to add, my neighbours actually went ahead and did this. They built a wall in my garden. My boundary was also clearly marked and they built over it.

And there wasn't a single thing I could do apart from.spend £30k upwards taking them to court. I didn't have £30k. Of course I would probably have been awarded costs but there is no guarantee.

I moved house, hence my user name.

UPDATE

Spoke to my neighbour on the other side of CF neighbour.

They have approached CF neighbour and asked for structural drawings as they believe that CF neighbour is also building on their land, again they have been told they did not have any plans at home and I explained that they need a Party wall agreement. Neighbour approached then today and they were told they would not be paying for any party wall surveyor.

Lets see what tonight brings as they are meant to be popping around.

We are lucky and can afford to pay 30K, its not the 9inches its the principle of the fact that they think they can just do it and we will just allow them or not notice. Absolute idiots.

They are in for a rude awakening! Can’t wait for the update. Not only can you ask them to pay for a party wall surveyor but if there is a retaining wall issue, they should be paying for your structural engineer.

@Arewe29

https://www.gov.uk/party-walls-building-works/work-tell-your-neighbour-about

Maybe print this off for them?

Same, can’t wait for the update

I have sent this to CF neighbours, they still do not even acknowledge it.

Fuck me they are that stupid.

I would line up a lawyer ready to impose an injunction on them.

They have now refused to even come over and meet with us.

They have admitted in a text that they would be building on our land, but it was not benefit us. I have pointed out that its of no benefit to us.

I have now told them we will not be allowing any building or access to our land they are welcome to build up to the boundary line to include the footings they then with swear words in the text said fine we will build up to the boundary, which I had great joy in saying that they would have to pull their planning submission and reapply for planning.

They are that stupid they have not even placed their planning notice outside.

we've got this right now - neighbours have actually taken a part of our land and already built on it.....

Oh goodness I am so sorry, they walk amongst us.

The Cfuckers honestly its the blatant not getting why they are being so unreasonable.

Bloody hell what’s with people

I suggest that you joing with the neighbour on the other side to get an injunction, its a pity that The Council cant be barred from deciding the application as well

Good for you OP - I really don't understand people, how can they think this is acceptable.

I must admit I don't understand all the posters saying that their neighbours built on their land - how can someone do this if you are actually living there? I would stop the builder immediately!

If someone builds on your land, can’t you just demolish it?

@Arewe29

I think you need to inform your neighbour that if works go ahead without a party wall award, you will apply for an injunction. As they are not following the law, I can’t think that you won’t win - and this could cost them tens of thousands of pounds, in addition to the cost of the party wall award which they will then need.

However, if you can amicably work out a solution you would prefer this course of action. Which I think will be : asking architect to change plans ensuring everything is lawful/no boundary disputes. They may need to resubmit. And a party wall surveyor on both sides, or at the very least - photos and a signed agreement between yourselves.

And then : if they still won’t budge, a solicitors letter informing of the impending injunction. And perhaps you can get together with your neighbour too, use the same solicitor. I’d choose someone local.

If any building work starts, inform the builder of the impending injunction as there is no party wall award. No builder will want this, and I think no builder would start unless there is a party wall award.

If they do employ cowboys who ignore award/injunction : then put something very heavy/immovable on your boundary line with a clear sign not to move, and then I’d call the police for criminal damage to your property if they try. Much the same as if someone randomly started sledgehammering my front wall. But I don’t think it will get this far!!

But what I don’t understand is - have they been granted planning permission?? Or are the plans just submitted pending consent?

OP just make sure the type of foundations are checked. They may well build up to the line now you've handed them their arse, but the foundations may still go under your land. Don't let that happen.

You seem knowledgeable which will be a big help OP. These people usually prey on people who don't know how to stop them.

The plans have been submitted to the council, I did explain that they will have to have their plans redrawn and resubmitted.

Again they are still firmly saying that I am the cheeky fucker not letting them build what they want.

I received a message this morning informing me that I am being unlawful for not letting them build on joint land, which I have explained that there is no as joint land I think they are talking about the boundary and that I am not allowing them to build on that or the 9 inches in my garden.

Thanks for keeping us posted, OP. This is a great story 🍿What will they think of next ?!?

I would call up the architect directly and see what they say. I know you can draw up plans for land in which you don’t own but they may have been told that you had given permission and I think it would surely reflect badly on them if they didn’t withdraw their plans when they find out they are assisting an alleged potential land grab?

The architect won’t care - it’s not their issue. They just design the building works. They will not want to get involved.

@Arewe29

Definitely object to the plans via the council. They will be the ones to decide what is lawful or not.

If they are only at the submission stage, and haven’t been given planning permission - then they will find out!

There should be a logo/address name of architect - maybe in the corner of the plans. You could call the architect and ask??

They are definitely not following the law if they haven’t sought a party wall agreement on both sides.

You’re not being unlawful - you are objecting. You are perfectly in your rights to object.

They need to read up about the party wall act, and then they will realise they are being unlawful.

I’m wondering if it’s best to cease communicating with them directly, especially if they are swearing/being abusive.

You say they're stupid Op, but they worked out a build that uses yours and the other neighbours land, sneaked in planning permission and then denied everything hoping it would too late for you to stop them. What they are is entitled and childish, they're in a proper sulk now you've said No. Cheeky fuckers the pair of them, well done on putting them in their place