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Original poster

Can my neighbour sue us for this??

41 replies

Gravity1 · 05/09/2012 19:58

New neighbour has moved in, all guns blazing. He claims that our extension encroaches over the boundary line by 2 inches. We have never had any inkling of this, certainly wasn't mentioned by our solicitor when we bought the house (extension was already there when we bought the house.) Im not sure why he has told us this or to what end but he mentioned legal action. Can he do anything?? DH is worried he can sue us or such like. TIA for any advice.

OP posts:
Original poster
Gravity1 · 05/09/2012 20:20

bump

OP posts:
Collaborate · 05/09/2012 20:21

Maybe it's a party wall.

LadySybildeChocolate · 05/09/2012 20:22

How old is the extension??

Original poster
Gravity1 · 05/09/2012 20:25

Not a party wall, it edges his driveway. the extension is I guess 10 years old.

OP posts:
tribpot · 05/09/2012 20:26

He sounds like a delight - 'welcome to the neighbourhood'. However, I find it odd that he is raising it with you, rather than with the people whose house he bought. Surely if this was a real issue it should have been discovered during the house purchase and he should be taking it up with his solicitor or the surveyor or something like that in the first instance?

How long have you owned the property, and how old is the extension? Do you have any legal cover with your home insurance that might cover some free telephone advice?

I am certainly not an expert and hopefully those more knowledgeable will be along soon, but I think in the first instance I'd just wait for him to take legal advice and to get back in touch once he has done that. See if it's pure bluster to try and get you to cough up some dosh or something. However, I would probably quietly try and get the facts straight - do you have the original diagram showing where the boundary lines are? (Surely said diagram would show the extension straddling the boundary if his story was even remotely true).

LadySybildeChocolate · 05/09/2012 20:27

It wouldn't matter if the extension is over 12 years old, as the time limit for any action he could take is over and the 2 inches is legally yours. You should check this. Sounds like he's checked the deeds, I'm not sure 2 inches is worth a fight though to be honest. Did you put the extension up?

msnaughty · 05/09/2012 20:28

i dont know anything at all aout that sort of stuff but 2 inch wtf!!!!!

Collaborate · 05/09/2012 20:29

A party wall will straddle the boundary. The 2 inches you suggest in your OP suggests it might be.

If it's been there 12 years you can claim adverse possession. The deed plan is not something that can distinguish between 2 inches here or there. Do you think he's right? Can you be sure of where the boundary is?

wonkylegs · 05/09/2012 20:30

Boundary lines are rarely that accurately drawn, they usually go by features that are already there (Walls, fences etc) and the red line plans (however due to their scale + thickness of pen lines mean the accuracy isn't that fine) so it would be very difficult for proof of 2ins.
I'm not a lawyer so can't give detailed legal advice. I only deal with property from an architects POV but this has been the case in my experience.

Twitterqueen · 05/09/2012 20:31

Our neighbour dispute went on for 10+ years and cost us thousands.
Here's my advice:

Do not engage. If you start responding you engage, and that means solicitor's costs.

Do not respond, do not reply, do not argue the point. New neighbour will have to persist himself and get proof.

Do not get a solicitor because that then immediately becomes a never-ending sequence of conversations that will get you nowhere.

If you do not respond or argue, your neighbour has nowhere to go and no argument to propose. And since he/she is a new neighbour they don't have a let to stand on.

Lastly, and most importanly, they bought the house as is! They can't suddenly decide it's not right! Otherwise they should have raised it in the buying process.

IGNORE EVERYTHING. AND REPORT THEM TO THE LOCAL COUNCIL (and community police) FOR BEING A NUISANCE NEIGHBOUR. This will seriously count agains them.

Original poster
Gravity1 · 05/09/2012 20:32

He said his solicitor had mentioned it, but he decided to go ahead with the purchase anyway. We have been here 8 years; him 8 weeks; the extension may be as much as 12 years old, is that number significant..? Im not sure 2 inches is worth a fight either, but if he wants us to knock our extension down it might be!! The mans a nutter it would seem.

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Twitterqueen · 05/09/2012 20:34

Also, as wonkylegs says, no deed EVER provides that amount of detail. 2" is negligible and no court case would ever take this seriously.

Really, just ignore and rise above/ "Gosh, I didn't know 2" could matter so much to someone... "

ThisOnce · 05/09/2012 20:36

Perhaps he's under the impression that two inches is considerably bigger than it really is Grin

Original poster
Gravity1 · 05/09/2012 20:36

collaborate, I thought a party wall was a shared wall? Not an expert so no idea! But basically it runs the length of his driveway thats all, it isnt part of any building of his

OP posts:
LadySybildeChocolate · 05/09/2012 20:38

Wonky is right, boundary lines this size are impossible to see (I used to work in Law, commercial property but I'm very rusty now). If you don't have the deeds you can look on the Land Registry web site, but this is not accurate at all. It won't show you inches, the scale is just too small. Sorry, I missed the bit where you said the extension was already there Blush, it would help if you knew how old it was though. Depending on its size, it may have required planning permission, so your local council may be able to help you with this.

Your new neighbour already sounds like a dick. It's not a great first impression for you. Sad

Original poster
Gravity1 · 05/09/2012 20:38

Strange you should say that ThisOnce, he happens to own a very flashy car, and you know what they say Grin

OP posts:
Methe · 05/09/2012 20:39

smile sweetly when he mentions it..

then read this

LadySybildeChocolate · 05/09/2012 20:40

If there's been no claim (as in someone saying 'that bit of land's mine') within 12 years, then the land is legally yours. It's called Adverse Possession.

TerraNotSoFirma · 05/09/2012 20:41

His solicitor made him aware of it and he went ahead with the purchase? I can't see how he would have a leg to stand on really.

LadySybildeChocolate · 05/09/2012 20:43

His solicitor should have known that Land Registry maps are not accurate. He should have told his client this.

Original poster
Gravity1 · 05/09/2012 20:44

thanks methe, will certainly have a browse of that link in a bit.

thanks ladysybil too, off to see how old the extension is!

feel better for having a whinge here, so thanks all Smile

OP posts:
Chandon · 05/09/2012 20:45

I think the advice to not engage is wise.

Stay vague, you can be vague about it, say you don't know if it is the case...stay polite but aloof :)

what can he do?!

Not sure about reporting him as a nuisance neighbour, as this will need to be disclosed to potential buyers if you ever sell the house

Original poster
Gravity1 · 05/09/2012 20:52

yes will be keeping my head down and being terribly reasonable
whilst sticking pins in an effigy of him later

OP posts:
Original poster
Gravity1 · 05/09/2012 20:55

Extension is 14 years old. Hurrah! Heres to my 2 inches!
Promise will still be nice to silly man tho. Else no doubt he'll just find something else to be arsey about.

OP posts:
LemonBreeland · 05/09/2012 21:00

What a prick. Nice way to introduce yourself to new neighbours. And over two inches? What is he going to do with all that extra space?

I'm glad your extension is older and he has no recourse at all.

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