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Original poster

Neighbour say extension on their side 10-20mm

37 replies

nickname7890 · 28/11/2020 19:59

Hello
Please please help
we are doing Nc kitchen extension
Neighbour A and B signed party wall. Neighbour A a bit trickier side as said they didn't want us on the boundary wall only up to so we have a kink on that side slightly but that's fine we understand

All along done all we can to keep everyone happy and we are finally nearly there with all walls built and back doors due next week. Finally I will have a kitchen and not believing 5 of us in a bedroom! Neighbour B been super all way through
But...
Today neighbour A said they think we are 10-20mm on their side
They said they want to discuss and are threatening action
I don't know what to do
We signed party wall
Our builders said they have followed the agreement
Neighbour A has said the wall their side starts where it should but said as it goes up it veers 10-20mm towards ("over into") their side. They say we must have ordered a steel too big so the wall goes up complying with the line agreed but as it hits the steel it goes out by 10-20mm
Our builders have said the joint wall before was wavy (true). And that it looks like we are on their side because we have built a straight wall against their not straight wall

Today we have had to down tools and stop everything as our neighbors have threatened it will become a big
Problem for us

I don't know what to do I'm so incredibly anxious
Are we going to have to pull the wall down IF they are right ? Are we going to have to wait even longer with no doors on our house while we go through a disputed process with independent surveyors to work our who is right
All for 1-2 Cm?

Please please help I'm so upset I literally can't cope with this stress right now xxx

OP posts:
Diddlysquatty · 28/11/2020 20:01

Sorry no direct experience of this but how petty of the neighbours!

Twickerhun · 28/11/2020 20:03

You’ll need to get your surveyor back ASAP to check the fine details. Party wall agreements have to be incredibly detailed to allow for this. Builders don’t often like following the party wall agreements so you may well have an issue you or your contractor needs to resolve.

Original poster
nickname7890 · 28/11/2020 20:18

Oh my god I can't bear it
The idea we have an issue is just such a painful thought

OP posts:
Africa2go · 28/11/2020 20:25

it's not petty if it's strayed over the boundary. Yes get the surveyor round to check it.

Seafog · 28/11/2020 20:31

For sure check it now before you go any further

SavoyCabbage · 28/11/2020 20:39

I don't think it's petty if they really do think it's on their land.

What the other neighbours do and say and think isn't relevant.

You have either built your extension on your next door neighbours land or you haven't. If they are difficult people it's possible that you haven't and they are just trying to put a spanner in the works. I don't think you should be thinking 'it's just a couple of cm' though and yes you would have to take the wall down if you've built it on their land. At least it's not completely built.

Original poster
nickname7890 · 28/11/2020 20:44

Thanks everyone
Does anyone know if there is any leeway ? As surely 1 Cm of "error" is so hard to decipher ? Even land registry isn't so precise ?

OP posts:
Miip · 28/11/2020 20:47

What a pain.

If it's wrong they'll have to redo it. Thank god they want to check it before it goes any further.

Ginandplatonic · 28/11/2020 20:49

This is taking me back to when we did our renovations with a difficult neighbour. It was so stressful!! Not quite the same as it didn’t involve a party wall, but they complained that we had encroached on their land and not followed the plans. They didn’t say it to us, went straight to council, so the first we knew was the council inspector knocking at the door. They did this twice, and were generally unpleasant and difficult all the way through. We also had to stop work and get the surveyor back. Each time we were within our property and to plan, but we still had to waste the time and money proving it. Good luck!

Original poster
nickname7890 · 28/11/2020 20:52

Thanks so much everyone
Is there no room for error ? 1-2 Cm is just so small

OP posts:
Africa2go · 28/11/2020 20:53

I stand to be corrected but I don't think there's a tolerance level - if you've built over their boundary I'd say it doesn't matter whether it's 2cm or 20cm.

Morningchorus · 28/11/2020 20:55

No, you can’t be one someone else’s land at all. When it comes to either of you selling it would be an even bigger nightmare. Has to be right and if not has to be fixed

Dinosauraddict · 28/11/2020 21:00

No tolerance or loads of people would encroach on the neighbours by 'only' a couple cm and where do you draw the line? Fingers crossed it's all fine, but definitely worth getting it checked before you go any further, or else it'll just cost more money and time to rectify if it's incorrect. Can you get surveyor etc in first thing Monday?

itshappened · 28/11/2020 21:00

Did you agree the exact line of the boundary before you started the work? If the builders haven't followed it you may be able to offer to buy the 2cm of land they think you have crossed over. Might be cheaper than knocking everything down and starts again.

Original poster
nickname7890 · 28/11/2020 21:39

Thank you everyone

It's a bit strange
Basically the day the wall their side was going up we got the neighbour a involved and they agreed it was fine
Our wall is straight and goes up but their wall was always a bit wonky ie it never looked straight when we moved
But as it goes up the neighbours think it moved to their side
Which is impossible I think from what I understand because they're building the bricks all in line on top of each other above the line the neighbour agreed

OP posts:
Africa2go · 28/11/2020 22:53

I know it doesn't help now but why did you build so close?

mumsy27 · 29/11/2020 01:31

it is very hard to prove the exact boundary, by the millimetre.
boundary is virtual thing to start with.
it will cost them a lot of money to prove the 2cm.
however, check the drawings...etc and take it from there, don't let them bully you.

Original poster
nickname7890 · 29/11/2020 07:04

We built so close as everyone does that has a party wall agreement
You agree the line and start building. It's a terraced house

Thank you everyone this is so helpful
I know we have to find some money for a surveyor somehow now
Bad timing before Christmas and a bad year for all financially Confused

OP posts:
Original poster
nickname7890 · 29/11/2020 07:07

I have heard that 2 Cm is almost impossible to prove
ESP as it's 1-2 Cm it's not even necessarily 2 Cm
It's a mountain of things that upset and I know
It's childish but it's xmas and I was so so excited to get this done
And now even the thought of bringing down the wall for 1-2 Cm
Is so depressing as it's just us for Xmas and we don't have anywhere to cook or wash up! And can't go anywhere bc of covid (unwell relatives/ niece !)

Thing is.no matter what things will
Be stalled
Because
We either have to stop building for surveyor get opinion then either re build wall or continue
Or we knock down wall to stop them being cross and rebuild
But each sets us back a good 1-2 weeks when doors windows etc all arriving so will be sat somewhere in our space when there is none left! I don't know what to do

OP posts:
Chaotic45 · 29/11/2020 07:27

Deep breaths OP.

If neighbours feel you have built on their land you will need to stop until you can resolve the situation. It's incredibly frustrating, but that's the only thing you can do.

Hopefully the surveyors can resolve this swiftly. Given you have a PWA it should make things easier to pin down and make a decision.

Push hard for this to be done ASAP.

Original poster
nickname7890 · 29/11/2020 07:44

Thank you !!! You're right
Not helped by fact my job is a disaster and I just so wanted to have a kitchen for Xmas and not all be sat in our bedroom! But it. Is what it is ! Thank you . Surveyor not as her got back to us

Also do we have to pay for the surveyor fees?

OP posts:
SabrinaTheOldWitch · 29/11/2020 07:47

One to two weeks is not much in the grand scheme of things. It's frustrating but the issue has to be resolved.

When you say that the neighbours 'want to discuss it' then that needs to be the first thing you do. Listening to what they have to say.

Whatever you do don't say 'it's only 1cm' or how inconvenient or annoying it would be for you to rectify it.

Pickpick101 · 29/11/2020 08:59

I imagine the neighbours didn't want this extension and were waiting for this . How did they know it's 10mm , go out and measure it ? I think this sort of thing is difficult to prove one way or another . The boundary on the land registry maps are really thick if you put a fence up 10mm one way or another I doubt it would matter. To be clear the 10mm isn't at ground level but further up the wall.

Twickerhun · 29/11/2020 09:03

Yes you pay for your surveyor and also a surveyor to act for your neighbour if needed. Party wall issues can be significantly expensive.

Tarararara · 29/11/2020 09:06

Are you saying that they agree the wall is within your boundary at the base, but as it gets higher (after your steel) it veers out and overhangs their land by 1-2 cm? That will be relatively easy for a surveyor to determine with one of their laser light things. Or you could drop a plumb line over the top of your wall. If it hangs freely, you know they've got a point.

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