Issue with neighbour over new extension

cwguy2014

Hello,

I have recently built a new extension which falls within the planning permission exemptions. From the outset, I advised my builder that my neighbor is particularly troublesome and would seek fault with whatever we built. As such, I advised that it was important we gave them no reason to find fault.

There is a dividing wall between our properties. For the new extension, we built a new wall from the boundary wall into our property and left the dividing wall untouched. We advised the neighbors from the outset that we were building and to highlight any issues/concerns immediately so we could amicably resolve.

Our builder has been finished for several weeks and now our neighbor has approached us complaining. Initially they argued that our extension had encroached on their property. We advised that this was physically impossible as the new extension wall laid within our side of the dividing boundary wall and that the roof did not touch the dividing line.

They are now complaining that their is overhang from the guttering on their side, which causes an issue if they want to build an extension also. Our builder has looked and stated that the guttering overhangs by less than 2mm. He advised that this serves us no purpose and if they want to build an extension to the boundary division, our guttering on that side can be easily removed. I am not happy with the builder but this does seem reasonable insofar as the guttering is there for our neighbors benefit and when removed if they choose to extend, it causes no issue. The builder advised a drainpipe would be fitted where the two roofs meet if the neighbor extends and this would cost no more than had they to install a gutter.

I have proposed the following options to our neighbors, which they are refusing:

1) Have the builder pare back the sofit/guttering by 2mm

2) Remove the guttering at our expense if they decide to extend & cover the (albeit petty/minimal) expense of the new drainpipe

3) In addition to point 2, grant them permission to knock the boundary wall to the same length as our extension if they decide to extend, giving them c.6 inches of additional building space within our boundary

I invited our neighbor in this evening to discuss amicably but they refused and insisted we have the discussion on the street with other neighbors eavesdropping. They have had a prejudice-based issue with us since we first moved in & they are currently under caution of an asbo from the gardai for previously causing criminal damage to our property on purpose and threatening us for confronting them. I would have moved rather than extend if we didnt love the house/neighborhood and majority of our neighbors so much, in spite of this individual. The neighbor is completely resistant to all of the above options but is not willing to provide a suggestion on how we can appease them. They were always going to have an issue and they're unlikely to be happy with any proposal.

My question is, where do I stand in regards to the builder. We were quite clear with them about wanting to avoid an issue like this. Are they obliged to remedy the situation as per point 1 so I can remove any cause for the neighbor to complain?

Also, where do I stand in regards to the neighbor? We are offering what I view as perfectly reasonable solutions but they seem intent on simply arguing, when I just want the matter ended amicably. Where do they stand in the unlikely event they can afford to pursue the matter legally?

Gumbo

You need legal advice imo

BryanF

gutter should not overhang the boundary line move the gutter back the 2mm and move on

Strolling Bones

cwguy2014 wrote: »

My question is, where do I stand in regards to the builder. We were quite clear with them about wanting to avoid an issue like this. Are they obliged to remedy the situation as per point 1 so I can remove any cause for the neighbor to complain?

No. You have my sympathies wrt the neighbour but your builder did nothing wrong. Do as BryanF suggests but don't fall out with the builder for "failing the impossible".

hexosan

BryanF wrote: »

gutter should not overhang the boundary line move the gutter back the 2mm and move on

Or leave it as either way they may object to the remedy. Save the money for a potential legal battle.

mr bungle.

take the gutter off completely for a while.a a few good downpours should flood their garden.they will be glad to see a gutter back up there again regardless how may mil its overhanging

harr

Just move the gutter back and give them nothing to complain about ,once it's on your side of the wall ,very little they can do about. If builder was aware of this issue at start I don't see why he left the over hang,just get him to move it back.
If it was me there is no way I would agree to allow neighbours remove boundary wall if they build extension in the future ,let them build away from the wall the same as you had to do and I would not be engaging in anymore Conversations regarding your extension ,once your in regulation there is **** all they can do about it...but do move the gutter back.

sydthebeat

if it was me, id ignore them....

but the obvious thing to do is to remove the soffit board, fit noggins between the rafters where the gutter is supported, and reinstall the pvc soffit and guttering,... thus 20mm back into your site