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.

I've spoken to the planning and building regs departments. Both have said that our concerns won't influence the planning decision but would fall under the party wall act which would need to happen after they have got planning permission.

that’s not really the right question. The question is can they legally force you to rectify it at your expense and basically give them the space they own back or are you legally entitled to it remaining as is.

I think they can force you to change it, but you need a proper property lawyer to confirm.

If the property has been crossing the boundary for 70 years, when does a right of way / easement etc occur? It might be worth a chat with a solicitor on what rights you have to maintain the status quo of property overhang.

In terms of difference to our property, they want to adjust our soffits and roof, so we will lose about 3ft of roof space and also affect the appearance of our property as it would then be asymmetrical.

So you hang 3 foot overthe boundary?

Id want to reclaim it 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.

I think most people would be uptight if someone else's builder was about to dismantle part of their roof.
You need a solicitor. I can see both sides of this tbh, neither of you are wrong but there must be planning laws which cover these sorts of situations. I would definitely want my own advisors to ensure work was carried out properly.

I think most people would be uptight if someone else's builder was about to dismantle part of their roof.
You need a solicitor. I can see both sides of this tbh, neither of you are wrong but there must be planning laws which cover these sorts of situations. I would definitely want my own advisors to ensure work was carried out properly.

I think most people would be uptight if someone else's builder was about to dismantle part of their roof.
You need a solicitor. I can see both sides of this tbh, neither of you are wrong but there must be planning laws which cover these sorts of situations. I would definitely want my own advisors to ensure work was carried out properly.

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?

I think most people would be uptight if someone else's builder was about to dismantle part of their roof.
You need a solicitor. I can see both sides of this tbh, neither of you are wrong but there must be planning laws which cover these sorts of situations. I would definitely want my own advisors to ensure work was carried out properly.

I think they can force you to change it, but you need a proper property lawyer to confirm.

As private individuals, I doubt it. Apart from the cost of legal action, it would amount to compulsory purchase! If the overhang is part of the original building, it would be a bit similar to destroying a Tudor overhang over a public street.

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.

This would also effect our ability to extend outwards slightly on the upper level if we ever wanted to, which we have toyed with to create an extra small room (another house a few down has just done this).

So… you’re allowed to extend but they’re not? And you expect them to “scratch your back” (or in other words bribe) you by getting your neglected fence fixed?

You both sound like fucking nightmares tbh.

100% this. !

100% this !

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.

This would also effect our ability to extend outwards slightly on the upper level if we ever wanted to, which we have toyed with to create an extra small room (another house a few down has just done this).

So… you’re allowed to extend but they’re not? And you expect them to “scratch your back” (or in other words bribe) you by getting your neglected fence fixed?

You both sound like fucking nightmares tbh.

It sounds as though you have a flying freehold, I don't know anything about the legal issues involved with this but it can complicate things.
Have a Google but ultimately I think you will need a solicitor.

I think most people would be uptight if someone else's builder was about to dismantle part of their roof.
You need a solicitor. I can see both sides of this tbh, neither of you are wrong but there must be planning laws which cover these sorts of situations. I would definitely want my own advisors to ensure work was carried out properly.

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.

This would also effect our ability to extend outwards slightly on the upper level if we ever wanted to, which we have toyed with to create an extra small room (another house a few down has just done this).

So… you’re allowed to extend but they’re not? And you expect them to “scratch your back” (or in other words bribe) you by getting your neglected fence fixed?

You both sound like fucking nightmares tbh.

They're not. The OP's property extends over their property.

OP, there was an easy way around this. You could have let them do and pay for the work to your soffits and roof, in order to avoid this exact problem in the future. Just because you didn't care about an obvious planning breach, doesn't mean that future buyers of your house won't.

But you've chosen the difficult, legal way. Be prepared for a lot of bills, and possibly having to declare the disagreement when you want to sell.

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.

It sounds as though you have a flying freehold. I don't know much about these but they can complicate things. Have a google but ultimately I think you'll need a solicitor.

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?

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?

It sounds like a flying freehold. I don't know much about those but it might be worth you having a google as they can be complicated.
Ultimately I think that you'll need a solicitor though.