Neighbours shed overhangs boundry

Ell30

Looking for advice,when buying our house our survey said that the neighbours concrete built shed at the end of their garden over hangs the boundry between us. While this doesn't bother me now if it did what do I do about it ?
Thanks

Gumbo

Ell30 wrote: »

Looking for advice,when buying our house our survey said that the neighbours concrete built shed at the end of their garden over hangs the boundry between us. While this doesn't bother me now if it did what do I do about it ?
Thanks

In short, you dont buy the house until you are happy with all the conditions attached imho.

Has your solicitor asked the question on what is the status with the shed?

Man on Fire

i came across a situation like this... long story short.. the house behind had a big concrete shed that put nearly the whole garden in shade... was goin to rent the house but didnt because of that shed

Ell30

kceire wrote: »

In short, you dont buy the house until you are happy with all the conditions attached imho.

Has your solicitor asked the question on what is the status with the shed?

No neither us nor solicitor picked up on it ( silly now I know ) didn't want to get off on bad foot with neighbours also,I still don't, the house is rented,I've no idea who the landlord is,couple living there are quite nice was just thinking of further down the line if we wanted to build there.

Gumbo

Ell30 wrote: »

No neither us nor solicitor picked up on it ( silly now I know ) didn't want to get off on bad foot with neighbours also,I still don't, the house is rented,I've no idea who the landlord is,couple living there are quite nice was just thinking of further down the line if we wanted to build there.

I dont know if statute of limitations comes into force then, ie. there longer than 7 years, it cant be touched?

When/if you go to build, then would be a good time to approach the neighbour and agree on building maybe from a common party wall?

Poor Uncle Tom

kceire wrote: »

I dont know if statute of limitations comes into force then, ie. there longer than 7 years, it cant be touched?

Can you explain this comment please.

hexosan

kceire wrote: »

I dont know if statute of limitations comes into force then, ie. there longer than 7 years, it cant be touched?

this is something i have wanted to know for some time. at what point does a structure built without planning become exempt under planning.

Victor

kceire wrote: »

I dont know if statute of limitations comes into force then, ie. there longer than 7 years, it cant be touched?

If you mean adverse possession, it is 12 years (30 against the state).

However, as you can't occupy the eaves of a shed, it doesn't apply.

hexosan

Victor wrote: »

If you mean adverse possession, it is 12 years (30 against the state).

However, as you can't occupy the eaves of a shed, it doesn't apply.

sorry to pull this off topic slightly but if say the shed was built without planning permission at what point in time do you no longer have to apply for retention.

sinnerboy

hexosan wrote: »

this is something i have wanted to know for some time. at what point does a structure built without planning become exempt under planning.

When broken shells make Christmas bells.

Victor

hexosan wrote: »

sorry to pull this off topic slightly but if say the shed was built without planning permission at what point in time do you no longer have to apply for retention.

You will always have to apply for permission - it is merely that the council can't prosecute after X years. No permission means the council can get you to return the property to it's original condition.

However, having planning permission does not give a neighbour the right to build in your garden - they are two separate issues.

Gumbo

Poor Uncle Tom wrote: »

Can you explain this comment please.

Sorry, I may have worded it incorrectly.

This is what I meant :

hexosan wrote: »

sorry to pull this off topic slightly but if say the shed was built without planning permission at what point in time do you no longer have to apply for retention.

I thought the OP should face It before it could become a problem.

Poor Uncle Tom

hexosan wrote: »

.....at what point does a structure built without planning become exempt under planning.

Short answer, never (as the others have already said)

hexosan wrote: »

....if say the shed was built without planning permission at what point in time do you no longer have to apply for retention.

Victor wrote: »

You will always have to apply for permission - it is merely that the council can't prosecute after X years. No permission means the council can get you to return the property to it's original condition.

However, having planning permission does not give a neighbour the right to build in your garden - they are two separate issues.

If a building is built without planning permission but it needed planning, it is considered an unauthorised development. If an unauthorised development is in place for 7 years the LA cannot prosecute the owner but it will never make the development exempt, it will remain unauthorised unless the owner applies for and gets retention planning permission for the development.

It is also worth noting that if there is a planning permission (for any development) on the same site, then the 7 years, prosecution period, can be stretched out to 12 years from the date of the grant of that planning permission. And furthermore, that period can be further stretched out by 9 days for each year of the period (holiday period) which is 63 days for the 7 year period and 108 days for the 12 year period. (recent high court ruling Browne vs Kerry Co Co)

kceire wrote: »

I thought the OP should face It before it could become a problem.

Good point.

sinnerboy

kceire wrote: »

I thought the OP should face It before it could become a problem.

Generalized comment

My own opinion on this is that some perspective or common sense needs to apply. It is true that too many individuals given access to too much credit by institutions who should have known better did result in many foolish purchases during the boom. One must be careful not to swing too far in the other direction. Every building that was or will ever be built will attract some comment from a diligent surveyor.It does not render the building valueless.

Comment on case in hand

Just how noticeable is this overhang? What actual impact do you think it has "as a layman". Ask the surveyor for an off the record comment . If all else is good with the house it would be a shame to walk away needlessly.

Ell30

sinnerboy wrote: »

Generalized comment

My own opinion on this is that some perspective or common sense needs to apply. It is true that too many individuals given access to too much credit by institutions who should have known better did result in many foolish purchases during the boom. One must be careful not to swing too far in the other direction. Every building that was or will ever be built will attract some comment from a diligent surveyor.It does not render the building valueless.

Comment on case in hand

Just how noticeable is this overhang? What actual impact do you think it has "as a layman". Ask the surveyor for an off the record comment . If all else is good with the house it would be a shame to walk away needlessly.

Thanks for replies but firstly we didn't buy during the boom but bought last September secondly we didn't buy foolishly the overhang is minor and didn't and doesn't bother us,if it had I would have brought it up with the solicitor at the time, I just wanted advice on if it did become a problem in the future ie; we wanted to build a concrete shed there or the house that's currently rented is sold on and new buyers wanted to extend shed or anything . Think I've clearer picture now thanks

sinnerboy

The reason I used bold type and the headings text I chose was to separate comments I had for general cases from comments I had particular to you.

In the meantime some light reading for you here and here which if you wish to act upon I suggest you hire a solicitor to guide your actions.