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Original poster

Neighbours want to adjust exterior of our property

357 replies

leavethewallalone · 26/04/2022 08:17

We have lived in our house for coming up 8 years now. 2 years ago new people moved in next door just before lockdown. We don't have much to do with them other than saying hi when they moved in and taking in parcels for them but they seem ok.

We live in terraced houses but each house has a single storey bit at the back that is detached. They're a kind of weird shape in how they are built because they are 70 years old, think a kind of wonky L shape. The wall of our extended bit sits very close to the boundary and as a result there is some overhang of soffits. This has always been the case and some of the neighbouring properties are the same.

Last week we had a planning letter come through our door. They plan to extend their little detached bit in both directions up to the boundary (single storey). I'm a bit shocked that they didn't speak to us before putting in planning permission, I know you don't have to but a heads up would have been good.
We popped round just to ask what their plans were, how long they thought the work might take as we both WFH so this would really impact us. It would also means gardens were not secure for a time period and we have children and a dog so this wouldn't be ideal, but is what it is. They talked us through their plans and I pointed out that the work they needed to do would mean altering our property as our exterior is currently in the way of where they want theirs to go. They just said "yes" without anything else. I tried to remain polite and asked why they hadn't spoken to us about this before putting in planning permission as this was not just proposed work to their property, but now ours. They shrugged and said ours shouldn't be built the way it is but they'd cover the cost for us. I pointed out that every property here is like it and if they wanted to extend they probably shouldn't have moved in to a house where there are boundary issues that have been known for 70 years.

We've had some back and forth with them offering nothing in the way of a you scratch my back, I'll scratch yours agreement, and just feel that we should let them do it. I've now said absolutely not.

I've spoken to the old neighbours who we are still in touch with and asked if they ever had any problems with the boundary. They said no but they did have to take out insurance that covered this in case our property ever damaged their garden etc. We have had to do the same because we have the same on the other side so this make sense.

I've gone through the deeds and any paperwork that I have regarding disputes, I even have really old building documents. No issues raised at any point in 70 years of this house being as it is.

AIBU or should neighbours move elsewhere if they're desperate to extend?

The house on the other side of them is empty so I have no idea what they're doing about that side.

OP posts:
Thread gallery
6
Viviennemary · 26/04/2022 09:16

I would be surprised if they are allowed to make modificatios to your property without your permission. Don't allow it. You might be sorry afterwards.

Mellowyellow222 · 26/04/2022 09:17

You need proper legal advice - this all seems very muddled.

its hard to advice without seeing plans. You do seem to be taking the wrong attitude here - be careful until you have clear legal advice on what they can and can’t do.

Fulmine · 26/04/2022 09:18

Elsiebear90 · 26/04/2022 09:10

There should have been more discussion with you absolutely, but you say they shouldn’t have bought a house that has boundary issues if they wanted to extend, I would say you shouldn’t have bought a house with boundary issues and not expected a problem could arise. Your property crosses onto their boundary, they have the legal right to get that part of the property removed and I don’t blame them because if it means you’re going to lose 3ft of roof space it must be considerably over their boundary.

You bought this property knowing that so I don’t think you can really complain that they want to rectify the problem at their cost.

But she hasn't bought a property with boundary issues. I'm perfectly sure that this would have been properly investigated and covered by the various solicitors dealing with sales and purchases up and down that road over the last 70 years.

OP, you really need to ask this question in the Legal section. The amateur lawyers on here just aren't helping.

WabbitsAndWeasels · 26/04/2022 09:18

Try and see it from their point of view. The neighbouring house overlaps your property in the location you'd like to build an extension, it should never have been built like this but now you have to deal with the consequences of decisions made 70 years ago. The only way to get the extension that would look nicest and maximise the space is to make the spaces flush and alter the fittings taking up that space. If you were building the same thing in your garden what would your solution be?

It's clear the overhang should never have happened and the fact it's the same in the rest of the street is not reason enough not to deal with it. Regardless of gaining planning permission there'll have to be other agreements and legalities before building starts. It's unreasonable to expect them to replace your fence unless it's damaged in the process. They're going to resolve the boundary issue at their expense. I couldn't personally get irritated that I wasn't warned of planning permission being sought by a neighbour I don't really know, you were going to be made aware anyway. Talk to them, get all the information about their plans as possible and ensure the solution wouldn't cause any drainage problems etc.

Mellowyellow222 · 26/04/2022 09:19

Did your conveyancer not flag this to you when you booth the house?

to be honest in your position I would never have bought the place. Your new neighbour clearly biut with the intention of rectifying it. What was your plan?

GabriellaMontez · 26/04/2022 09:20

You say you have insurance re the part of your house that overhangs your neighbours garden. Now may be the time to speak to them for advice.

It sounds like your neighbours will need to take legal action if you refuse the change to your house.

I wonder at what point they were going to mention this request to you?!

Beautiful3 · 26/04/2022 09:20

I would write to the council objection and list the reasons why. I wouldn't have my garden unsecured with kids and dogs, as it could lead to accidents. They'd have to put up some kind of temporary fence. If it's your fence, you should object.

BrinksmansEntry · 26/04/2022 09:20

You can object to their application because it sounds like it can only be built if changes are made to a structure that is not in their ownership or control. Think of your roof as a ransom strip. The council will see from plans and a site visit that what they are proposing is impossible without removing part of your house. (Going by what you have said)

They can't just crack on and remove part of your property because they have planning permission.

It's really up to them and their architect to figure out an extension within their property that doesn't impact on neighbouring structures. If their planned extension is planned to extend all the way to the boundary line, they really would have been aware of this issue.

But you can write and object to the application on the basis that it requires alterstion to your property in order to proceed.

(I am a planner)

TinySaltLick · 26/04/2022 09:21

As others have said - don't take it personally, they are fully entitled to apply for planning permission, and contrary to some other posters I don't think they needed go discuss with you before hand. What would that achieve? Any grievance ilor support you would provide wouldn't be documented and would have to be revisited as part of the planning process.

The planning department have a set of processes to debate and agree /decline proposals, just do it formally through the process rather than an emotional exchange with neighbours.

Use the opportunities to get some professional asvice re the overhang and boundary wall, as it is impossible to give something reliable without seeing it in person alongside the deeds.

Ultimately people are allowed to extend their houses and although it is inconvenient for the neighbours, is just part of life so isn't worth getting too emotionally invested in. If their planning is approved you can submit the same thing for your place which will increase the value even if you don't actually do the work yourselves.

GabriellaMontez · 26/04/2022 09:21

Also, your garden would have to remain secured? Why wouldn't it be?

Vidax · 26/04/2022 09:22

leavethewallalone · 26/04/2022 08:46

In what way would you like your back scratched? What do you think they should be suggesting?

"Is there any work you might like doing to your exterior whilst we're chopping off some of your house for our gain? Your back fences have seen better days, we could replace those for you as the garden isn't going to be secure anyway?"

you want them to replace your fence? And that will make it all ok?

You're talking about a lot of things to your house, asymetric, unable to extend up...

CornishGem1975 · 26/04/2022 09:25

I don't get why the house would overhang someone else's boundary in the first place. I am so confused! Sod the diagram, we need photos.

If your property clearly broaches their boundary then I don't think you have a leg to stand on, to be honest. They're not in the wrong, whoever botched your property was in the first place.

SpaceshiptoMars · 26/04/2022 09:26

You could spend a couple of grand or so on a planning consultant to oppose the plans for you. Probably won't help much unless you are also in a conservation area/AONB. If you are, garner the support of local committees who preserve the character of the area. Preferably ones with members that can see your roof lines from their own windows!

Otherwise, consult an architect yourself, and see if a matching solution is possible on your property. You'll want to sell your house one day, and this kind of dispute won't help.

CornishGem1975 · 26/04/2022 09:27

I don't get why anyone would have ever built a house overhanging someone else's property in the first place. Sod the diagram, we need photos.

If your property really does breach their boundary then they're not doing anything wrong at all and it's because of the botch job that's been done on your property by a previous owner.

viques · 26/04/2022 09:28

Hanging on for the diagram……

CornishGem1975 · 26/04/2022 09:28

I don't get why anyone would have ever built a house overhanging someone else's property in the first place. Sod the diagram, we need photos.

If your property really does breach their boundary then they're not doing anything wrong at all and it's because of the botch job that's been done on your property by a previous owner.

SpiderinaWingMirror · 26/04/2022 09:28

Most sensible course of action is to get legal advice. You probably have legal cover with your household insurance. Ask them. Then you are armed with the facts.

Elsiebear90 · 26/04/2022 09:29

Fulmine · 26/04/2022 09:18

But she hasn't bought a property with boundary issues. I'm perfectly sure that this would have been properly investigated and covered by the various solicitors dealing with sales and purchases up and down that road over the last 70 years.

OP, you really need to ask this question in the Legal section. The amateur lawyers on here just aren't helping.

Show quote history

She acknowledges in her OP the houses are known to have boundary issues, she bought a property knowing some of it overhangs across her neighbour’s boundary to the point where she has needed to take out extra insurance to cover potential damage to her neighbour’s garden.

CornishGem1975 · 26/04/2022 09:29

I don't get why anyone would have ever built a house overhanging someone else's property in the first place. Sod the diagram, we need photos.

If your property really does breach their boundary then they're not doing anything wrong at all and it's because of the botch job that's been done on your property by a previous owner.

SmolCat · 26/04/2022 09:29

In one breath you suggest them replacing your garden fence will even things out and in another you say their extension will reduce the value of your property. So it will only reduce the value to the cost of a new fence?

Could it also make selling the property easier? The explanation you gave about having to have extra insurance could be viewed by some buyers as over complicated and ultimately put them off. Presumably this wouldn’t be the situation after the works.

SmolCat · 26/04/2022 09:29

In one breath you suggest them replacing your garden fence will even things out and in another you say their extension will reduce the value of your property. So it will only reduce the value to the cost of a new fence?

Could it also make selling the property easier? The explanation you gave about having to have extra insurance could be viewed by some buyers as over complicated and ultimately put them off. Presumably this wouldn’t be the situation after the works.

SmolCat · 26/04/2022 09:30

In one breath you suggest them replacing your garden fence will even things out and in another you say their extension will reduce the value of your property. So it will only reduce the value to the cost of a new fence?

Could it also make selling the property easier? The explanation you gave about having to have extra insurance could be viewed by some buyers as over complicated and ultimately put them off. Presumably this wouldn’t be the situation after the works.

Kettlesnettles · 26/04/2022 09:30

If your bit is encroaching another garden, you will always have issues like this, even if new people arrive. Take this as an opportunity to correct it at their expense - it is only a temporary nuisance to you and believe me not worth so much anxiety. People can and will extend their property, it is their right to do so; and it is your bit that is in their way.

YellowPlant · 26/04/2022 09:31

This reply has been withdrawn

This message has been withdrawn at the poster's request

MikeWozniaksMohawk · 26/04/2022 09:31

@leavethewallalone you said that you have been considering extending out at first floor level. This sounds like the ideal time to do that work - at the same time your neighbours are going to pay for alterations to your roof. Surely you could come to an agreement that they pay for the changes to your roof while you build out? Could save you a chunk of money if you coordinate with them rather than fighting this.