Neighbours want to adjust exterior of our property

[leavethewallalone]

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.

A lot of odd responses. It is your property! They cannot claim sections of, extend into, or use your property to enhance their property. It's just a bizarre intent.

I would not be happy with their plans meaning changing my property especially when they didn't even bother to discuss before beginning the process.

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.

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.

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.

MyCommentWasDeleted · 26/04/2022 09:42
Mumsnet decided to post my comment a few times it seems!
Given your user name this made me laugh.

I'd be careful about getting into a dispute with them. Surely, if your property is crossing the boundary into theirs, they can insist you rectify this at your expense?

Can you do a diagram?

This...

Also think we need a diagram too 😉

So it sounds as though over 3ft of part of your property has been built hanging over the boundary and has encroached in their property? Can they not do what they like with whatever is on their property? Sounds like they are sorting the issue out for you at their own cost. Win:win.

So it sounds as though over 3ft of part of your property has been built hanging over the boundary and has encroached in their property? Can they not do what they like with whatever is on their property? Sounds like they are sorting the issue out for you at their own cost. Win:win.

@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.

Am I missing something??? Yabvu - to the point of sounding like a cf.

your extension goes beyond your property line, and you want them to buy you a new fence before you will let them get their land back for their extension??? CF!!!!

And why are you bothering the old neighbours with this, their opinion doesn’t matter. It also doesn’t matter that other neighbours are over the boundary.

I think that since they are offering to pay for the adjustments to yours to put it right you should say yes please quickly…start an argument with them and you might find that they take it further and since you are over the boundary line you could be obliged to fix it out of your own pocket.

Am I missing something??? Yabvu - to the point of sounding like a cf.

your extension goes beyond your property line, and you want them to buy you a new fence before you will let them get their land back for their extension??? CF!!!!

And why are you bothering the old neighbours with this, their opinion doesn’t matter. It also doesn’t matter that other neighbours are over the boundary.

I think that since they are offering to pay for the adjustments to yours to put it right you should say yes please quickly…start an argument with them and you might find that they take it further and since you are over the boundary line you could be obliged to fix it out of your own pocket.

Am I missing something??? Yabvu - to the point of sounding like a cf.

your extension goes beyond your property line, and you want them to buy you a new fence before you will let them get their land back for their extension??? CF!!!!

And why are you bothering the old neighbours with this, their opinion doesn’t matter. It also doesn’t matter that other neighbours are over the boundary.

I think that since they are offering to pay for the adjustments to yours to put it right you should say yes please quickly…start an argument with them and you might find that they take it further and since you are over the boundary line you could be obliged to fix it out of your own pocket.

Am I missing something??? Yabvu - to the point of sounding like a cf.

your extension goes beyond your property line, and you want them to buy you a new fence before you will let them get their land back for their extension??? CF!!!!

And why are you bothering the old neighbours with this, their opinion doesn’t matter. It also doesn’t matter that other neighbours are over the boundary.

I think that since they are offering to pay for the adjustments to yours to put it right you should say yes please quickly…start an argument with them and you might find that they take it further and since you are over the boundary line you could be obliged to fix it out of your own pocket.

Neither you extension or their extension should encroach over the boundary.
For work on shared walls a Party wall agreement is required to be signed. This will make them liable to make good any damage during work on the shared wall.
If your property overhangs into their plot then there are a few contentious legal issues there that will need to be sorted out.
You can't really object just because you don't like the way they approached the situation.
You could send in a letter requesting more details on the joining of the properties and how the alterations will be done and your concerns.
I don't think it's adequate grounds to object really, and it's not good for neighbourly relations to be obtuse.

So it sounds as though over 3ft of part of your property has been built hanging over the boundary and has encroached in their property? Can they not do what they like with whatever is on their property? Sounds like they are sorting the issue out for you at their own cost. Win:win.

It's irrelevant if all the houses are the same - if your property overhangs theirs, then you need to rectify that.

Get legal advice OP. Boundaries are tricky.

I'm not sure how your exterior can be in the way of where they want their extension but still withing their boundary? Or is it right on the boundary line?

I can see why you're hacked off with the situation and how they've handled it but tbh I don't fancy your chances of getting the permission stopped, and imagine the bad feeling it will cause. Also expecting them to replace your fences...wtf!

I think you really need to look at exactly how the build will affect you, both whilst it's being carried out, and afterwards.

Speak to some independent estate agents about the valuation issue as that definitely needs to be taken into account.

I'd also suggest finding someone who can advise on the implications of their build should you want to go ahead with the extension to your property at a later date.

How will they secure the garden during the building process?

How long will it go on for?

If the noise will seriously impact your ability to WFH I would request compensation or a contribution to the cost of you hiring a small office space during that period of the works.

Plus of course all the party wall stuff and making good any damage that occurs to your property as a result of their works.

I think mitigation is what you're looking at here. Certainly in my experience I've never know a domestic build get planning permission turned down so all you can do is be prepared and make the best of the situation.

I guess as the previous owners took out an indemnity then there is a significant risk that your neighbours can force you to rectify this so you do not over hang their space. And are your own expense

if I was you I’d speak to a lawyer fast. Because if I was them I’d come right back at you and force you to make the change at your own expense.

Yanbu to object to their plans but yabu to say if they want to extend they should move 🙄

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.

@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.