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Original poster

Neighbour extended kitchen into my property

27 replies

RingPiece · 06/04/2021 09:51

Hi. I have a flat in a house, converted in the 80s. The owner before me lost some of the floorspace in the living room to a layer of sound insulation that he installed on the party wall that separates my flat from the flat next door. Must've been about 8 cm looking at the wall depth in other rooms.

A few years ago, next door neighbour renovated their kitchen and built into this sound insulated wall to make their kitchen bigger. We are now left with a thin plasterboard separating our flats and there is no room to build another layer of insulation due to the position of the door frame. So, in effect, next door have built into our flat.

Is there anyone with experience of this? Neighbour is denying this though it is quite clear that he extended his flat and we list the sound insulating properties of the wall. Help!

OP posts:
Totallyworthit · 06/04/2021 09:56

Could a surveyor come and assess to determine if the neighbour has taken your space? If the surveyor report says they have, then you could then take steps to have them put right the wall.
Do you have legal cover on your house insurance? Maybe they could help?

TheQueef · 06/04/2021 09:57

This is how the first world war started.
They've actually encroached in to your flat?!?

Original poster
RingPiece · 06/04/2021 10:02

I'm worried about the cost of a surveyor, Totally worth it. Yes, TheQueef we think that they have! We initially thought his tenants were just being extra loud but then it dawned on us that our party wall felt thinner, more hollow than before. We drilled holes to hang a mirror and it wouldn't take the weight despite having a much heavier mirror on the wall years ago.

OP posts:
Original poster
RingPiece · 06/04/2021 10:03

Will look into legal cover on buildings insurance, however he also pays into the same policy!

OP posts:
BluebellsGreenbells · 06/04/2021 10:05

If this ha happened wouldn’t they be responsible for the cost?

What about the planning department? They may be able to help.

Ideasplease322 · 06/04/2021 10:09

Did building control inspect the work at the time?

I would be concerned about fire safety in addition to the other considerations.

Did this happen Before or after you moved in? If before, did you get a survey done when buying?

You absolutely need a survey done to establish what has happened.

DiamondBright · 06/04/2021 10:09

Definitely call your insurance company and get legal advice, as long as the neighbour hasn't already done the same you should be ok at least for initial advice. I would give the neighbour an opportunity to put it right, in writing, before getting into a legal battle though.

LaurieSchafferIsAllBitterNow · 06/04/2021 10:14

it sounds like a shitty renovation tbh....if the partywall was was just plasterboard (was it even a proper stud wall??) and insulation then would it even meet fire regs?

If the insulation was on their side of the party wall and the kitchen renovator has removed it then I don't think that means they are in your space, the wall on your side is the demarcation for you not the wall on their (inside) side of the sound insulation.

sipsmith1 · 06/04/2021 10:16

You can get 30 minutes free advice from a RICS party wall surveyor. One of partners at an old job used to do it and he was hugely experienced. The phone number is +44 (0)24 7686 8555 or look up the RICS contact centre phone number, they’ll put you in touch with someone.

Loofah01 · 06/04/2021 10:27

?! Definitely get onto building control, planning and your insurance co. If there's only a thin stud wall and the party wall has been tampered with then there's surely a raft of issues here

Original poster
RingPiece · 06/04/2021 10:29

Laurie It seems as if the plasterboard was covering the sound insulation on my side of the property. The fact that part of the door frame in my living room, the side closest to the wall is missing (the wall extends right up to the hinges) suggests that a sound insulation layer was added on my side, no idea if he had it on his wall next door. I will call RICS now. Thank you!

OP posts:
JustSleepAlready · 06/04/2021 10:29

Doubt you would be held liable for any costs. Sounds like they have stolen your property space. Defined get some legal advice. They need to put this back the way it was in your side.

wheretonow123 · 06/04/2021 10:32

however he also pays into the same policy

So you both have flats in the same main property and share insurance policy?

I think the suggestion above of getting the free advice from RICS is the best option at the moment.

Original poster
RingPiece · 06/04/2021 10:44

Just called building control who have said it sounds like a civil matter and I'd need a solicitor. Going to call RICS now...

OP posts:
Original poster
RingPiece · 06/04/2021 10:46

Yes, we both pay into the same buildings insurance policy, different contents.

OP posts:
Disfordarkchocolate · 06/04/2021 10:50

I have legal cover with my contents insurance.

GETTINGLIKEMYMOTHER · 06/04/2021 11:23

You need a solicitor. A neighbour of ours took his own neighbour to court after they built a two storey extension that came within about 6 inches of his supposedly detached wall - I.e. leaving no possibility of access for maintaining brickwork.

It was a long and stressful business but he won - the other was ordered to demolish the extension, rebuild as it was, and pay all costs. If he did not pay up within a reasonable time, the judge would put a lien on the house, so that the money would come out of any future sale.

The bloke sold up pretty soon afterwards.

UCOinaUCG · 06/04/2021 11:27

That sounds very dodgy. I hope he hasn't hung wall units on the dividing wall. You may be open plan onto his kitchen soon if he has!

RainingBatsAndFrogs · 06/04/2021 11:56

I would talk to the management co / freeholder (or do you have a shared freehold and you ARE the freeholder?

Will it be less than 12 years ago that they grabbed this space? I don’t know how ‘adverse possession ‘ works within buildings but for outside land they couldn’t claim ownership by uninterrupted use if it had been less than 12 years.

They are clearly in the wrong!

CellophaneFlower · 06/04/2021 12:10

I think you might be being a bit paranoid here. It's very unlikely the other owner has removed their own wall, then your original wall, just to gain a few inches of space? There can't just be a thin piece of plasterboard separating your flats, it would have to be screwed to a frame for a start, then next door would have their own plasterboard. If you're so sure it's just a single piece, drill through to prove your point Grin

CellophaneFlower · 06/04/2021 12:13

Also, if it's a plasterboard wall and you're hanging something heavy, wouldn't you need to screw into the stud? Perhaps you didn't and that's why your mirror wouldn't hang?

Polyethyl · 06/04/2021 14:10

The real worry is that it sounds like you have no fire separation between yourself and your neighbour. This is serious. I Hope you get a good team of surveyor and solicitor to sort this out.

OysterMonkey · 06/04/2021 14:14

@CellophaneFlower

I think you might be being a bit paranoid here. It's very unlikely the other owner has removed their own wall, then your original wall, just to gain a few inches of space? There can't just be a thin piece of plasterboard separating your flats, it would have to be screwed to a frame for a start, then next door would have their own plasterboard. If you're so sure it's just a single piece, drill through to prove your point Grin
Yes, wouldn’t your neighbour have had to remove both original walls?

If you’ve just been left with a thin bit of plasterboard, when you tried to drill to put up the mirror could you see through the plasterboard into your neighbours kitchen?

Original poster
RingPiece · 06/04/2021 19:20

I think he extended his kitchen to fit in a shower and sink. No idea why he wanted a shower cubicle in the corner of the kitchen but it's a studio flat and I guess he wanted to make room in the sleeping area. It's a very narrow space, no more than a metre and a half and the wall units are on the other wall with no base units. Base units are on my side though, no wall units, as well as a worktop. Well that's from what I remember. Very odd layout. I think he put up his own plaster board on top adjacent to mine on the other side and tiled it. When I drilled, the wall felt very weak and thin and couldn't drill past a point.

OP posts:
donquixotedelamancha · 06/04/2021 19:26

Cutting a hole in the board for a look is cheaper than any other option. YouTube will show you how to patch it.