Neighbour Building Over The Boundary

[Old_Geezer]

I know of someone who has a property that they let out. Recently they discovered that the older neighbours next door had died, and the property was bought by someone hoping to do it up and sell on.

The trouble is that the kitchen extension the builders have added clearly overlaps onto their property, so much that you look out the back door and can see inside the room goes back so far, but outside the builders' new extension is clearly much closer.

Appreciate I am not intimately involved in this, but my understanding is that they had a wall which was knocked down by the builder without permission, as if it were some kind of boundary wall owned by the builder. (It means that their washing line no longer even has a wall to connect to.) And as far as I understand it, the excuse given is that the wall was the boundary, and the neighbour has had use of this part of the land for more than ten years so, "Tough", they aren't interested in knocking down their extension wall and rebuilding it at the true boundary.

I will admit it is difficult to get a perfect picture of what is occurring from the e-mails I've received, but it seems clear there is an obvious breach. The photos show it as blatant.

Anyone know what the situation would be and how likely it is to get this sorted as it should be ? Planning department doesn't want to know, says it's a civil matter although they are chasing something about building regs now they've looked at it.

The individual involved seems to have been advised to simply sign a bit of paper saying that she can consider / use the extension wall as a party wall, but in return she allows the intrusion on what is clearly her property; meanwhile the builders gets away with it Scot free.

[ToraToraTora]

the builders are legally irrelevant. Prove the boundry from the landregistery records and mark it physically then approach the neighbour. If they can't be rerasoned with apply to the court to have it knocked down.

[Old_Geezer]

I can pass that information on but as I understood it the land registry records only show vaguely where the border is don't they ? The builder (or at least one of them) is one half of the duo who bought the place. I'm told he hasn't been pleasant to speak to.

[The Builder]

Mmmm... an unpleasant builder? Doesn't surprise me in the least, OG.

Documentary evidence would be useful. Any photos taken over the years which may show the boundary position?

I'm afraid the builder is being bolshy, and relying on the fact that most people would not take legal action. However, it's probably the only way.

Perhaps first call would be to the CAB for a little preliminary advice.

Apart from endless arguing and stand-offs, I can't think of anything but to get a solicitor involved. Planning depts today are largely inept. If there's no box to tick, they hide.

Building Control is another matter. Part of any consideration of Building Regs involves any possible detriment to neighbours. Even if they fail to act on this, it would still be an advantage to have the situation logged officially.

[Old_Geezer]

I did recommend seeing the CAB, and I'm sure they went. I must try to get an update on this. But it was beginning to look like an odds against expensive gamble in the courts or giving in. Cheers both.

[The Builder]

Another thought has come to me OG. The extension.... an online search (District Council Planning) would reveal whether the build has Planning Consent (easy to search for).

If so, a look at the drawings (also online) would be interesting if they show positioning regarding neighbour's property.

If no PP, then it may well be "Permitted Development" (no PP needed.) In that case the Planning Dept. should indeed be interested in regarding it a "Lawful Development". Don't be fobbed off by them. Log the complaint, and they should certainly send out their Enforcement Officer to look into it. The important thing is to lodge an official complaint, preferably in writing. They should not ignore this.

[venator]

infamy infamy -- everyone's got it in for me...

This is a poisonous dispute, and a solicitors' holiday fund.

The injured party has a poor case because of the effluxion of time, and the other party may have problems with his building society

I prescribe several bottles of goodwill and a friendly agreement to cheat the solicictors out of their rightful pickings.

The building isn't going to come down - live with it and pocket some dosh. Better in your pocket and friends next door tan a massive bill and enemies

[buildersmate]

Tora`s answer is completely wrong. You simply cannot scale a physical boundary that exists on the ground by reference to the little red lines that the LR draw on the title plan. Well, you can, it is called determining the exact boundary and involves parties agreeing to a plan drawn up and paid for by a chartered surveyor. Google General Boundaries, Tora, if you don't believe me.
What has happened here is the physical boundary appears to have been shifted. If their was a masonry wall on the boundary that the builders knocked down, the Party Wall Act should have applied, but it is too late to invoke that now.
Photos are good, as The Builder says, but hindsight is a wonderful thing, and legal action would be ridiculously expensive over what is an annoying matter of a couple of square metres.
In the case study of my answer to the question below this one, the issue came to light because the LR raised it as an alignment discrepancy. I do not believe you can go to the LR for adjudication on this - they won't play ball.
It is a civil matter and nothing to do with planning consent or building regs.
The best bet your friend has to resolving it is to remind the owner that it will be very difficult to sell after development, as no-one is going to buy it with an outstanding dispute in progress. Time, when you are paying a mortgage with no income an an empty property, might focus their mind a bit.
Try transferring a small strip for a payment of suitable size?

[Old_Geezer]

Thanks again. I've passed the suggestions on.