Neighbour's new house extension is over my boundary

Prowler

Hi all

My neightbour has just built a new extension and its coming in over the wall. The gutter and faccia (whatever that is) is over the halfway mark of the wall, and in my opinion it shouldn't even be coming over the wall at all. I've spoken to the builders and they said they will fix it next week!!!!!

Can anyone tell me what position one is in, if a neighbour has built an new extension and it comes over the wall boarder??

I won't rely on the advice that I'm given here as professional legal advice. I would simply like to see what everyone's opinion is.

Thanks everyone
Dave.

hullaballoo

I'm still waiting for you to edit in what I asked you to. I can't wait around much longer because I've to go into college.

Prowler

Hi Hullabaloo

I have edited the post to say what you advised me. Is this what you asked me to edit?

Sorry,
Dave

hullaballoo

Ok, it's grand now. Cheers.

Get a solicitors letter out YESTERDAY.

If the works are done, it may be too late to do anything. You may be faced with the suggestion that you are estopped from seeking the removal of the works. Either way, delay defeats equity blah blah blah so if you are seeking an injunction, or even just seeking that they spell out what they intend to do, get in to your Solicitor this evening.

hullaballoo

I would agree with that - it's always considered to be too late to complain once the process has moved beyond the planning stages. You knew your neighbour was going to be building, so it was up to make sure you knew what the dimensions would be - you were on constructive notice. It may well be too late by now to try to get anything done about it; even if it made it that far, the courts would probably say that the cost of remedy at this stage would outweigh the level of the infringement.

Hard cheese, I'd say.

TheMonster

hullaballoo wrote:

I would agree with that - it's always considered to be too late to complain once the process has moved beyond the planning stages. You knew your neighbour was going to be building, so it was up to make sure you knew what the dimensions would be - you were on constructive notice. It may well be too late by now to try to get anything done about it; even if it made it that far, the courts would probably say that the cost of remedy at this stage would outweigh the level of the infringement.

Hard cheese, I'd say.

Assume it would depend on if the original plans showed it going over the boundary. First step would be to check the finished product vs the plans. If the plans don't show it there is a case to answer.

Prowler

Well, there was never any plans to being with, my neighbour told me the builder didnt do any plans, i realise now that this was my mistake to let it go like this without requesting that i see the plans. So theres nothing i can come back with regarding this.

Secondly i just spoke to a surveyor and he said that thing like gutters and faccias may go up to the imaginary halfway border mark of the wall but it shouldnt cross that half way mark.

Obviously builders like this know exactly what their doing, i.e. he didnt do any plans so that he wudnt be held responsible for it.

So the only thing i can do now is make sure it doesnt go over the halfway mark.

Raytown Rocks

Hey Prowler

I remember when I got my extension built, my builder made a point of telling me that my gutters/facias etc could not overhang onto my neighbours land.
I had wanted to build right up against the boundry wall, but this would have caused the overhang to be on my neighbours side, so I had to move the extension wall in 1 block width to facilitate the gutters etc.

What you also have to realise is that this may affect you in the future if you ever decide to build an extension beside your neighbour's,because his gutters/facias will then be fixed when his work is complete, so therefore your future extension would have to be smaller to facilitate the exsisting building.

I recommend you have a chat with the neighbour ASAP to clarify the situation, otherwise it may be akward for you further down the line.
Hope it all works out.

Chef

TheMonster

Prowler wrote:

Well, there was never any plans to being with, my neighbour told me the builder didnt do any plans, i realise now that this was my mistake to let it go like this without requesting that i see the plans. So theres nothing i can come back with regarding this.

Secondly i just spoke to a surveyor and he said that thing like gutters and faccias may go up to the imaginary halfway border mark of the wall but it shouldnt cross that half way mark.

Obviously builders like this know exactly what their doing, i.e. he didnt do any plans so that he wudnt be held responsible for it.

So the only thing i can do now is make sure it doesnt go over the halfway mark.

if they applied for planning permission they had to submit plans check with your local authorithy.

johnnyrotten

TheMonster wrote:

if they applied for planning permission they had to submit plans check with your local authorithy.

It's probably exemp from planning. having said that it must not be over the boundry line.

Get legal advice ASAP.

Builder should be shot with balls of his own $HIT€

leeroybrown

If I were in your position I would be getting advice to see if this could have any consequences in the event of the sale of your properlty.

db

If this extension is to the side of your neighbour's house then he should have planning permission and to get permission he would have to have submitted plans. One of the conditions of any planning permission would be the no part of the extension should overhang neighbouring property. If this is the case you can contact the enforcement section of the local planning department and let them deal with it.

If the extension is to the rear of the property and is being built under exemption check that he is complying with all the conditions associated with exemptions. In any case, his extension should not overhang your property and there should be no windows facing you within 1m of the boundary.

egan007

WOW Silicitors!

How about talking to the Neighbour?
Tell them you are unhappy and that you would like it changed?

CRAZy suggestion i know....but worth a try

Ian147100

Trespass to land, that's what it is, plain and simple, get your solicitor on it, you're seeking damages or an injunction to have the offending structures removed, simple.

egan007

egan007 wrote:

How about talking to the Neighbour?
Tell them you are unhappy and that you would like it changed?

CRAZy suggestion i know....but worth a try

That's just crazy talk!!

Of course a conversation with your neighbour would be nice, but frankly remember that when you're looking at the monstrosity next door and wondering how did it come to this, you'll regret not taking action. Surprised he didn't do the neighbourly thing and come to you beforehand and spell out exactly what was being done. Frankly, by not doing so, he doesn't deserve your consideration of the finer points of being the good neighbour.

hullaballoo

Hold on, solicitors? On a Legal Discussion forum? WTF?








*Runs and jumps out window*

Sangre

Happened to us, had to point out to my momthat gutters were over boundary line. Builders just moved the whole thing back a block or two. They had to do this because there was no planning application.
Anyway its trespass, you could technically remove it yourself but just talk to your neighbour. I'm sure they'll be happy to comply because it will be the builders fronting the cost as it was their fault.

Prowler

Update:
Well, the gutter and faccia have been taken down and the slates have been shortened, the builder has told me that he will remove the overhang to exactly the halfway mark along the wall.

I spoke to a surveyor yesterday and he told me that he has experienced many cases like this and when they go to court the if the overhang comes up to the halfway mark on the wall then this is considered acceptable.

I can't afford to get a solicitor right now, i'm even having trouble covering my rent this month. But im still really unhappy obout the overhang up to the halfway mark. The job will be completed 2moro and i told the builder that i will be out there measuring this to the cm after he has fixed it up.

Prowler

PS. He didnt apply for planning permission either, as it was "probably" less that 40m2 or whatever the cut off is. I rang the Planning dept. South Dublin County Council and they told me that as he didnt apply for planning permission it is therefore a civil matter i.e. if it came to it solicitors.

Ian147100

Prowler wrote:

Update:

I can't afford to get a solicitor right now, i'm even having trouble covering my rent this month.

If you're renting then why do you care? It in no way affects your asset value, if I was renting I wouldn't give a flying fluich.

Eru

TheMonster wrote:

Assume it would depend on if the original plans showed it going over the boundary. First step would be to check the finished product vs the plans. If the plans don't show it there is a case to answer.

would this apply where the plans are on your property? If I built a shed in your garden surely thats illegal regardless of plans.

TheMonster

Karlitosway1978 wrote:

would this apply where the plans are on your property? If I built a shed in your garden surely thats illegal regardless of plans.

exactly - my point is that if the original plans weren't followed then it would be in preach of planning. If the original plans had shown it overhanging then the objection should have been at that stage.

Prowler

Yes exactly, this builder is a chancer, he didnt draw up any plans and it was for reasons such as this. Had plans been drawn up I would have never agreed to any overhang even over his side of the halfway mark on the wall. I would have been in a better position then

Just to answer Ian above there: I didnt mean rent, i meant my mortgage repayments. There are 3 reasons why this is an issue for me
1. When i sell the house, a surveyors report is usually done and it would definately mention the over hang and the implications of it, for example if i built an extention and the space restrictions now. This could affect the sale in some way.
2. If i built an extension, it will be a bit tight due to the space restrictions.
3. It just looks crap now that he will overhang the wall at all.

dermot_sheehan

Prowler wrote:

Yes exactly, this builder is a chancer, he didnt draw up any plans and it was for reasons such as this. Had plans been drawn up I would have never agreed to any overhang even over his side of the halfway mark on the wall. I would have been in a better position then

Just to answer Ian above there: I didnt mean rent, i meant my mortgage repayments. There are 3 reasons why this is an issue for me
1. When i sell the house, a surveyors report is usually done and it would definately mention the over hang and the implications of it, for example if i built an extention and the space restrictions now. This could affect the sale in some way.
2. If i built an extension, it will be a bit tight due to the space restrictions.
3. It just looks crap now that he will overhang the wall at all.

Ok make sure 100% absolutly completly that its on your land. Then ask for it to be removed, if not you can either remove it yourself or sue for trespass.

Sangre

Karlitosway1978 wrote:

would this apply where the plans are on your property? If I built a shed in your garden surely thats illegal regardless of plans.

Its illegal in that he is trepassing on your property but once the shed is built is yours.
Can't remember the latin but anything built on your land is yours etc.

NUTLEY BOY

Don't get distracted about planning. Even if your neighbour got P.P. it would not authorise him to trespass on your land.

This sounds like classic trespass generated by brass necked builders. If you acquiesce in the face of this you will effectively be deemed to accept the situation.

Don't waste time talking with the builder. Your argument is with your neighbours who have the full responsibility to correct the situation. Your neighbours may have arguments over against their builder but that is a matter to which you should be a stranger.

You should ask your neighbours to abate the trespass. If they don't come up with a solution you may then have to threaten them with proceedings including a claim for injuctive relief (including a claim for a mandatory injunction to remove the overhanging or trespassing structures).

Alternatively, you might consider accepting monetary compensation from them on the basis that their trespass has diminshed the value of your property.

Can I ask another question re extensions? My neighbour is building an extension to the rear of her house (single storey), (no planning permission) and when i got up this morning I got an awful shock - the wall is higher than the existing rear wall, the builder has cut straight across the gutter which is now ending (dripping) at a blank wall, just over the boundry line - and whereas before I sat on the sofa and could look out at the sky, I am looking at an ugly blank bare wall! Not to mention my living room and garden are now in permanent shadow. Can she do this?!?

Victor

Note, your neighbour is allowed to build on the party wall, but not beyond it.