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Original poster

Party wall - neighbours unfair

78 replies

flowers82 · 07/09/2019 23:28

Hi everyone,

Does this seem a bit unfair - 'mean' to you?
We bought a Victorian terraced that we are doing a side and rear extension.
Our neighbours two years ago built an extension of the same nature but only extended by 1.6 meters because they wanted to keep more garden. We would like to extend by 3m and we are doing this with our other neighbours on the other side at the same time (no party wall issues there).

We have asked the neighbours if they would extend the party wall by a further 1.4m meaning that we would encroach by 10cm onto their boundary side. There will be a brick wall up anyway and he extra part of our extension, so all we are asking is that they have 10cm more of brick in their garden - not even affecting their property.
I am shocked they haven't agreed as it really will not make any difference to them but a huge difference to our space.
What can I do to try and make them be nice and reasonable? The previous owner let them build a 6.5 meter huge brick party wall! We are only asking for for 1.4m of a wall that would be there anyway!

What should I do?

Thanks!

OP posts:
Boatsexer · 07/09/2019 23:30

How much have you offered to pay them for their land?

ChangeOfTides · 07/09/2019 23:30

Is this a reverse? Why would you think you taking a bit of their garden wouldn’t matter to them? How can an extra ten cm make such a huge difference to you? This is a very bizarre question.

Original poster
flowers82 · 07/09/2019 23:30

Nothing... should we?

OP posts:
NewIdeasToday · 07/09/2019 23:31

This doesn’t make any sense. Why should they give you part of their garden??

Original poster
flowers82 · 07/09/2019 23:33

It doesn't affect it by 10cm on our side but 20cm due to angles of coming off their wall etc.
It's 10cm of garden space. The reason they asked for a party wall was to maximise their internal space... that is also the reason we ask them. The previous owner kindly agreed to it for them because isn't that what nice people do?

OP posts:
stayathomegardener · 07/09/2019 23:33

Good luck with that one 🥴

SunshineAngel · 07/09/2019 23:34

This is something that could cause huge issues for them if they wanted to sell their house. My uncle allowed his neighbours to do something similar, and it caused problems. It doesn't matter whether you want 1cm, 10 or half a mile - it's not your land, it's theirs. They're not being unreasonable in the slightest. It is not yours to take, nor is there any life threatening reason that you need to have it.

Original poster
flowers82 · 07/09/2019 23:35

It's a party wall. The previous owner gave them 6.5meters by 10cm of her land. It's a terraced property.... people put up party wall agreements and build the walls on each other's land amicably to maximise extension space etc

OP posts:
HundredMilesAnHour · 07/09/2019 23:35

You're asking for 10cm of THEIR garden? And offering them nothing in return. Yet you think they're the unfair ones? Is this a joke?

Burlea · 07/09/2019 23:36

You are a CF by not paying for this space. It will be harder for them to sell as the deeds will be wrong.

Samosaurus · 07/09/2019 23:37

Sorry I’m not clear - did the previous owner of your house allow the neighbour to encroach on what is now your land? And now you want to encroach on theirs? Or have the neighbours not encroached on your land at all, but you want them to give you 10cm of their garden? If it’s the latter scenario then you are 100% being unreasonable!

cakeandchampagne · 07/09/2019 23:40

Sorry, but I wouldn’t agree to it either.

Original poster
flowers82 · 07/09/2019 23:41

Oh dear ... think I have a bunch of people that don't understand what I am talking about. Sorry I don't think you understand the context here.
Often in terraced houses people agree to party wall agreements to build a bit on their land. The lady who lived here previously agreed, if we had lived there previously we would have agreed to it for them too. It's creating good neighbourly relations. As mentioned the previous owner agreed for them to build 6.5m x 10cm on her (now our land)....

OP posts:
donquixotedelamancha · 07/09/2019 23:42

So, if I understand correctly:

You want to extend their existing wall?

Presumably taking down the boundary between gardens?

Your builders would surely need to use their garden? There will be a lot of damage and disruption.

Also taking a sliver of their garden but you haven't offered them a penny?

Yes, it seems unfair to me.

Original poster
flowers82 · 07/09/2019 23:42

Sorry if I was clear. Yes previous owner agree to them building on her land. Which is now our land.

OP posts:
Original poster
flowers82 · 07/09/2019 23:43

Have any of you done extensions in terraced houses before?

OP posts:
Samosaurus · 07/09/2019 23:44

Are they definitely the same neighbours who built the extension or did they move in to an already extended house?

Tweefutom · 07/09/2019 23:45

Are you sure they didn’t pay the former owner of your house for the land they used to build their extension? It would seem very odd to just donate it.

Original poster
flowers82 · 07/09/2019 23:45

I want o extend the party wall... the party wall they build on our land. The wall would be on our land and their land... it's just a continuation of the wall!

OP posts:
Original poster
flowers82 · 07/09/2019 23:45

They didn't pay her anything.

OP posts:
AndromedaPerseus · 07/09/2019 23:46

You should ask a qualified solicitor if you think we have problems understanding you. FWIW I wouldnt give you part of my land withot conditions attached

donquixotedelamancha · 07/09/2019 23:46

Oh dear ... think I have a bunch of people that don't understand what I am talking about.

I am surprised that someone so charming has not managed to persuade them. Obviously any lack of clarity is entirely the fault of all the readers.

the previous owner agreed for them to build 6.5m x 10cm on her (now our land)...

Is it a 1.4m or a 6.5m extension?

Perhaps there was some difference between the way you asked and the way they asked?

Original poster
flowers82 · 07/09/2019 23:47

Defo same neighbours who built the extension. They only did it 2 years ago.

OP posts:
donquixotedelamancha · 07/09/2019 23:47

Is it a 1.4m...

Sorry, that should be 1.6m.

Original poster
flowers82 · 07/09/2019 23:47

I did apologise for not being clear

OP posts:
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