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Legal matters

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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:
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WhereWasThatFrom · 26/04/2022 09:31

I think it was ok not to consult you before putting in planning. I think your reaction sounded petulant Tbh. I don't understand why it's nessecery for people to get so stroppy about things. It generally doesn't help.
I can't understand the situation from your description so it's hard to comment if it's unreasonable or not. If your property overhangs theirs then that sounds annoying for them but if you would loose 3ft of roof space then that sounds like they are being very unreasonable.

WhereWasThatFrom · 26/04/2022 09:31

I think it was ok not to consult you before putting in planning. I think your reaction sounded petulant Tbh. I don't understand why it's nessecery for people to get so stroppy about things. It generally doesn't help.
I can't understand the situation from your description so it's hard to comment if it's unreasonable or not. If your property overhangs theirs then that sounds annoying for them but if you would loose 3ft of roof space then that sounds like they are being very unreasonable.

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.

MikeWozniaksMohawk · 26/04/2022 09:32

@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.

YellowPlant · 26/04/2022 09:33

This reply has been withdrawn

This message has been withdrawn at the poster's request

Jimmyneutronsforehead · 26/04/2022 09:36

We need a diagram and you need a solicitor.

Jimmyneutronsforehead · 26/04/2022 09:36

We need a diagram and you need a solicitor.

MyCommentWasDeleted · 26/04/2022 09:37

You’re property overhangs theirs, you’re being unreasonable. They said they would pay so accept that and just let them get in with it, if not you risk being a pain in the ass and they’ll get permission anyway and you’ll end up with them not “scratching your back” in the future if and when the time comes.

Elsiebear90 · 26/04/2022 09:37

“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.”

She acknowledges in her opening post that the houses are known to have boundary issues? Her property over hangs across her neighbours garden to the point where she’s had to take out insurance to cover any potential damage it could cause, it’s not like OP had no idea this could be a problem.

MyCommentWasDeleted · 26/04/2022 09:37

You’re property overhangs theirs, you’re being unreasonable. They said they would pay so accept that and just let them get in with it, if not you risk being a pain in the ass and they’ll get permission anyway and you’ll end up with them not “scratching your back” in the future if and when the time comes.

MikeWozniaksMohawk · 26/04/2022 09:37

@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.

Fulmine · 26/04/2022 09:38

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?

When their plans involve knocking a chunk off OP's property, I think they sort of do need to have a discussion. As for what it would achieve, maybe a sensible deal which will save both sides a lot of grief and money?

MyCommentWasDeleted · 26/04/2022 09:38

You’re property overhangs theirs, you’re being unreasonable. They said they would pay so accept that and just let them get in with it, if not you risk being a pain in the ass and they’ll get permission anyway and you’ll end up with them not “scratching your back” in the future if and when the time comes. As for you expecting them to pay to replace you’re fences, I’d be telling you to jog on.

YellowPlant · 26/04/2022 09:38

This reply has been withdrawn

This message has been withdrawn at the poster's request

MyCommentWasDeleted · 26/04/2022 09:39

You’re property overhangs theirs, you’re being unreasonable. They said they would pay so accept that and just let them get in with it, if not you risk being a pain in the ass and they’ll get permission anyway and you’ll end up with them not “scratching your back” in the future if and when the time comes. As for you expecting them to pay to replace you’re fences, I’d be telling you to jog on.

MyCommentWasDeleted · 26/04/2022 09:42

Mumsnet decided to post my comment a few times it seems!

Passanotherjaffacake · 26/04/2022 09:42

I agree with most of the PPs who say that you already have a boundary issue and your neighbour is offering to pay to fix it. A 3 foot interference indicates a huge overhang. I definitely could not get so annoyed about it as I would have expected someone to come knocking at some point.

be careful with some of the advice about leaving a gap to your boundary wall. These can create all kinds of damp/weather/debris/access issues so you need to be careful there.

Sounds unlikely you have grounds for planning rejection? I would get a third party wall surveyor engaged immediately and then you can get changes suggested by them built into the planning request. You can require the neighbour to pay in some circumstances and you can each appoint a surveyor and let them negotiate. We have dealt with this a few times with neighbours building extensions and the surveyors we have had were very fair and advised us on exactly what would be allowed. That could take the emotion out of it for you.

Passanotherjaffacake · 26/04/2022 09:42

I agree with most of the PPs who say that you already have a boundary issue and your neighbour is offering to pay to fix it. A 3 foot interference indicates a huge overhang. I definitely could not get so annoyed about it as I would have expected someone to come knocking at some point.

be careful with some of the advice about leaving a gap to your boundary wall. These can create all kinds of damp/weather/debris/access issues so you need to be careful there.

Sounds unlikely you have grounds for planning rejection? I would get a third party wall surveyor engaged immediately and then you can get changes suggested by them built into the planning request. You can require the neighbour to pay in some circumstances and you can each appoint a surveyor and let them negotiate. We have dealt with this a few times with neighbours building extensions and the surveyors we have had were very fair and advised us on exactly what would be allowed. That could take the emotion out of it for you.

MikeWozniaksMohawk · 26/04/2022 09:42

@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.

Fairisleflora · 26/04/2022 09:43

I think you need to chill out a bit. I wouldn’t expect to see plans before hand. It really wouldn’t bother me them altering my wall or property, unless it blocks my windows etc. Asymmetrical? So what? You could always extend yours to match and increase the value of your property. You sound really uptight. I wish your neighbours the best of luck with their plans.

MikeWozniaksMohawk · 26/04/2022 09:43

@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.

needmorethanthis · 26/04/2022 09:44

If you want to extend at first floor level could you get their developer to do it at a reduced cost? Might be worth your while?

Fairisleflora · 26/04/2022 09:44

I think you need to chill out a bit. I wouldn’t expect to see plans before hand. It really wouldn’t bother me them altering my wall or property, unless it blocks my windows etc. Asymmetrical? So what? You could always extend yours to match and increase the value of your property. You sound really uptight. I wish your neighbours the best of luck with their plans.

Kettlesnettles · 26/04/2022 09:45

Why don't you take this as an opportunity to correct the fact that your property is encroaching onto theirs at their expense? Even if they moved (and they won't, and they will get permission, and you will end up having a miserable relationship), new ones will come in and they might do exactly the same! Other properties are the same is not an excuse; it clearly was an error in planning. Building work might be a nuisance, but it is only temporary, I really don't understand why people make such a huge fuss. It is their house, they can do an extension if they like and it is your property that is on their boundary!

WrongWayApricot · 26/04/2022 09:46

I can't imagine it, why is it overhanging?