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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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6
prescribingmum · 26/04/2022 10:46

As you have found, planning does not deal with this. Ultimately your property is on their land so you would need to get specialist legal advice to establish what rights you do and don't have with regards to them commencing work. You could end up making life very difficult and expensive for them (and you for the legal advice)

From your posts, you sound quite petulant and caught up on the fact they did not consult you first. Of course it would have been nice to (our neighbours and we consulted each other before we did major work but we are on friendly terms), but planning is there for exactly that reason. As long as they were not going to start altering the wall without speaking to you (which it certainly does not sound like they were), they haven't done anything wrong. You sound very entitled expecting them to incur additional expenses in replacing fences etc for your inconvenience - part of life on roads where houses are semis/terraced involves the inconvenience of neighbours' building work. You are not the only person who wfh and has children whilst this is happening.

A good neighbour will ensure that party wall processes are followed, complete the work to your property to a good standard and ask your opinion on how you would like it done and make good for any damage that maybe done along the way. We did all this and had neighbours' windows cleaned at our expense, offered them use of skip for clear ups and purchased a hamper, flowers and wine for them at the end. They did similar for us when they did work. I would not have gone out of my way had they been difficult and expected other work at our expense for inconvenience.

MurmuratingStarling · 26/04/2022 10:46

100% YANBU. Cheeky fuckers. I would oppose this when you get anything in the post from the council. They will ask if you have any objections. (They should do anyway!)

As you say, why buy a house that has boundary issues/overhanging soffitry, and then carp about how it's getting in the way of your extension...?

Muppets.

(Yes I just made up the word soffitry, but it's quite cute don't you think? Grin )

Good luck @leavethewallalone I think the law will be on your side. Flowers

MurmuratingStarling · 26/04/2022 10:46

100% YANBU. Cheeky fuckers. I would oppose this when you get anything in the post from the council. They will ask if you have any objections. (They should do anyway!)

As you say, why buy a house that has boundary issues/overhanging soffitry, and then carp about how it's getting in the way of your extension...?

Muppets.

(Yes I just made up the word soffitry, but it's quite cute don't you think? Grin )

Good luck @leavethewallalone I think the law will be on your side. Flowers

Leftbutcameback · 26/04/2022 10:47

I'm interested to know the details of the overhang - you've referred to soffits and the building being up to the boundary, but then said that it would make the room much smaller. How much of your property is in the redline of their title? I would check the indemnity policy you have. You should have the benefit of it in this type of situation, and it may well cover legal costs as well as loss of value.

Leftbutcameback · 26/04/2022 10:47

This reply has been withdrawn

Duplicate post

ImAvingOops · 26/04/2022 10:47

This site is becoming unusable! For the love of god @MNHQ just put it back to how it used to be!

MurmuratingStarling · 26/04/2022 10:48

100% YANBU. Cheeky fuckers. I would oppose this when you get anything in the post from the council. They will ask if you have any objections. (They should do anyway!)

As you say, why buy a house that has boundary issues/overhanging soffitry, and then carp about how it's getting in the way of your extension...?

Muppets.

(Yes I just made up the word soffitry, but it's quite cute don't you think? ) 😬

Good luck @leavethewallalone I think the law will be on your side.

HoppingPavlova · 26/04/2022 10:48

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.

Leftbutcameback · 26/04/2022 10:48

This reply has been withdrawn

Duplicate post

MurmuratingStarling · 26/04/2022 10:48

100% YANBU. Cheeky fuckers. I would oppose this when you get anything in the post from the council. They will ask if you have any objections. (They should do anyway!)

As you say, why buy a house that has boundary issues/overhanging soffitry, and then carp about how it's getting in the way of your extension...?

Muppets.

(Yes I just made up the word soffitry, but it's quite cute don't you think? ) Grin

Good luck @leavethewallalone I think the law will be on your side.

Leftbutcameback · 26/04/2022 10:49

I'm interested to know the details of the overhang - you've referred to soffits and the building being up to the boundary, but then said that it would make the room much smaller. How much of your property is in the redline of their title? I would check the indemnity policy you have. You should have the benefit of it in this type of situation, and it may well cover legal costs as well as loss of value.

MikeWozniaksMohawk · 26/04/2022 10:51

@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.

Leftbutcameback · 26/04/2022 10:51

This reply has been withdrawn

Duplicate post

BadNomad · 26/04/2022 10:52

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?

tomatoandherbs · 26/04/2022 10:53

Whether or not your neighbours are being unreasonable or not is going to be very straightforward.

if the PP is approached and your party wall complaint is not upheld, the work WILL go ahead and they won’t have been unreasonable.

if PP fails or your patty wall complaint upheld and work doesn’t not go ahead - they were unreasonable and you weren’t

i suspect if the latter, you will update the thread. If the former, you won’t!

prescribingmum · 26/04/2022 10:53

As you have found, planning does not deal with this. Ultimately your property is on their land so you would need to get specialist legal advice to establish what rights you do and don't have with regards to them commencing work. You could end up making life very difficult and expensive for them (and you for the legal advice)

From your posts, you sound quite petulant and caught up on the fact they did not consult you first. Of course it would have been nice to (our neighbours and we consulted each other before we did major work but we are on friendly terms), but planning is there for exactly that reason. As long as they were not going to start altering the wall without speaking to you (which it certainly does not sound like they were), they haven't done anything wrong. You sound very entitled expecting them to incur additional expenses in replacing fences etc for your inconvenience - part of life on roads where houses are semis/terraced involves the inconvenience of neighbours' building work. You are not the only person who wfh and has children whilst this is happening.

A good neighbour will ensure that party wall processes are followed, complete the work to your property to a good standard and ask your opinion on how you would like it done and make good for any damage that maybe done along the way. We did all this and had neighbours' windows cleaned at our expense, offered them use of skip for clear ups and purchased a hamper, flowers and wine for them at the end. They did similar for us when they did work. I would not have gone out of my way had they been difficult and expected other work at our expense for inconvenience.

BadNomad · 26/04/2022 10:53

Leftbutcameback REALLY wants more details of the overhang.

MurmuratingStarling · 26/04/2022 10:54

100% YANBU. Cheeky fuckers. I would oppose this when you get anything in the post from the council. They will ask if you have any objections. (They should do anyway!)

As you say, why buy a house that has boundary issues/overhanging soffitry, and then carp about how it's getting in the way of your extension...?

Muppets.

(Yes I just made up the word soffitry, but it's quite cute don't you think? ) 😬

Good luck @leavethewallalone I think the law will be on your side.

tomatoandherbs · 26/04/2022 10:54

If the PP is “approved” I meant to say

Sillybeagle · 26/04/2022 10:57

OP is there anything in your deeds about having access to their land for maintenance/repairs of the overhanging soffit/gutter? If so then I would think it would also be reflected in their deeds. In which case they would have been fully aware when purchasing that property that yes this does overhang, legally it is permitted there and you would need access to it. If there is no mention of maintenance or the overhang then I think you need further advice.

tomatoandherbs · 26/04/2022 10:58

@MurmuratingStarling

out of interest would you still think “cheeky fuckers” if planning permission was approached and any party wall complaint submitted by the OP was rejected by the planning department ie work went legally and fully ahead?

tomatoandherbs · 26/04/2022 11:02

A “detached single story” building that all the terraced houses in this row has?

is that not an outbuilding? A garden room? It’s not attached to the terraced residence itself?

tomatoandherbs · 26/04/2022 11:04

but each house has a single storey bit at the back that is detached.

and it’s this that they want to extend?

JaneIsInsane · 26/04/2022 11:04

I’m completely confused! You surely can’t be saying that your property overhangs theirs and now they want to build to their boundary and you’re annoyed because you’ll no longer be able to encroach on their property AND they’ve the temerity to apply before asking AND they’ve not offered to do lots of free work for you in exchange for…building on THEIR property that YOU’RE encroaching on? 🤨

supermommie · 26/04/2022 11:05

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