Extension overhang

Tombo2001

Looking at potentially buying a property where the next door neighbour has built and extension that overhangs the legal border of the property I am looking at. Indeed, the second story gutters etc are about 18 inches across the line, and are directly above the single story extension on the house I am looking at.

My query is:

Can anything be done about this. Particularly if I want to build a two story extension, does that mean I would have to do it a metre inside the border of the garden.....

Or would I have any rights to build on to the neighbours wall?

Or any rights to force them to remove the roofing overhang, or to share a roof?

Neighbours extension circa 10 yrs old.

Many thanks in advance.

ResearchWill

Tombo2001 wrote: »

Looking at potentially buying a property where the next door neighbour has built and extension that overhangs the legal border of the property I am looking at. Indeed, the second story gutters etc are about 18 inches across the line, and are directly above the single story extension on the house I am looking at.

My query is:

Can anything be done about this. Particularly if I want to build a two story extension, does that mean I would have to do it a metre inside the border of the garden.....

Or would I have any rights to build on to the neighbours wall?

Or any rights to force them to remove the roofing overhang, or to share a roof?

Neighbours extension circa 10 yrs old.

Many thanks in advance.

Walk away, if you are thinking buying either accept it as it is or walk away. If you decide to fight this may at may not be a case you win and could rake up at lot of costs. There are plenty of houses out there that have no issues.

CIARAN_BOYLE

Tombo2001 wrote: »

Or would I have any rights to build on to the neighbours wall?

Or any rights to force them to remove the roofing overhang, or to share a roof?

Possibly you would have rights to build onto their wall if it is on the exact boundary.

Don't have a clue about the roofing overhang, I presume that you could force them to remove the roofing overhang but that it would be very expensive in legal costs and you could only force it to be removed if the previous owner didn't give them permission to build the overhang.

valleyoftheunos

With all the Planning, building regulation and trespass issues here you will find it extremely difficult if not impossible to get a mortgage on such a property. I hate to say it because I always feel these problems can be solved but in this case move on and find another property.

Tombo2001

Thanks for the responses....

As regards trespassing, its an interesting point. I think the overhang is mainly the edge of the roof and the gutters. The gutter comes out quite a bit on the neighbouring extension. So I'm not sure if there is a respassing issue.

I'll have an architect look at it.

valleyoftheunos

Tombo2001 wrote: »

Thanks for the responses....

As regards trespassing, its an interesting point. I think the overhang is mainly the edge of the roof and the gutters. The gutter comes out quite a bit on the neighbouring extension. So I'm not sure if there is a respassing issue.

I'll have an architect look at it.

I wouldnt go down the legal route. For all I know they might have had an agreement with the exsiting owners.

However, another consideration is cost......its not a cheap area and if I thought I might pick up the property for €50k less because of this, it might be worth it.

If the roof is projecting over the boundary it is indeed trespassing. Unless you are a cash buyer the sale won't go ahead without the agreement of your mortgage provider who won't give their approval until all these issues are resolved. the major problem here is that you need your future neighbour to cooperate and possibly rebuild part of their house. Its an issue that the seller should resolve prior to sale and agree to do so in the Contract for sale.

There is no way the neighbour got planing permission to build an extension over someone else's property so the extension was either built without PP or in contravention of the PP which was granted. Eitherway its a total minefield. Unless there is something else very special about this house, find another.

The first rule about property is that "the day you buy is the day you sell." If you buy a house with problems, you'll have to sell a house with problems.

ResearchWill

Tombo2001 wrote: »

Thanks for the responses....

As regards trespassing, its an interesting point. I think the overhang is mainly the edge of the roof and the gutters. The gutter comes out quite a bit on the neighbouring extension. So I'm not sure if there is a respassing issue.

I'll have an architect look at it.

I wouldnt go down the legal route. For all I know they might have had an agreement with the exsiting owners.

However, another consideration is cost......its not a cheap area and if I thought I might pick up the property for €50k less because of this, it might be worth it.

50k off may be cheap, but remeber if you want to resell and the issues have not been sorted, the number of people willing to buy will be greatly reduced.

In reality there may be no issue, the building may have been built with in planing, it may be fully with in the neighbours property (a wall or fence may in fact not be the boundary, it would take a good mapper to get exact boundary). If you try and build up to the neighbours building you may in fact have difficulty as he could object to your planning. No one can in reality answer your questions with out the assistance of an mapper, planner and engineer add a solicitor the cost just to get the answers could far out weigh and possible saving.

Tombo2001

ResearchWill wrote: »

If you try and build up to the neighbours building you may in fact have difficulty as he could object to your planning. No one can in reality answer your questions with out the assistance of an mapper, planner and engineer add a solicitor the cost just to get the answers could far out weigh and possible saving.

Thanks,

you are completely right.