Neighbours Extension - Encroaching/Overhang

Cantstandsya

Hi all,

Hoping to get some thoughts on the following.

I am in the process of purchasing a terraced house and I noticed that next door’s extension seems to be encroaching across the boundary with the roof and some guttering entering “my” garden.

Just wondering if anyone has any thoughts on this regarding to the implications of buying? I am happy with the house apart from this issue but I do envision building an extension myself at some point and am wondering what sort of issues I’d be walking into. Would this be something that would put people off buying?

Appreciate any input.

 

 

Mellor

In general it's hard to confirm where the boundary is precisely, but in this types houses it's almost certainly the centreline of the party wall.

In which case it looks like to be that the gutter and some of the wall is on your property. Looks like that built off the garden wall or simply replace it. When building, you'll need a full wall build up against that.

There's no really legal issues preventing a sale here. You are buying the house as it, including having lose some property to the extension. The face of the extension wall is the defacto boundary now.

Cantstandsya

Thanks Mellor.

Just re: your point that I'd need to build a full wall against the extension wall, would I not be allowed use that wall as part of my own extension?

Mellor

https://www.boards.ie/discussion/comment/120766081#Comment_120766081

It depends. You could use it and state that it is a party wall therefore you own half. That might cover legal ownership. But there are also a number of issues with that. You don't know how it was built, if it is water proofed, if it is insulated etc. You could build, and that extension be demolished in future. Making that an external wall.

It could be possible, if the right drawings and documents were available to give you re-assurance. But I would count on it at this stage. As the buyer, assume the worst.

gr222

Hi Cantstandsya,

Just wondering if you went ahead with purchasing this property and if so did you encounter any issues as a result of this boundary issue?

We are in a similar situation, went sale agreed on a house and discovered that the neighbouring extension is encroaching into the garden. Wondering if it is going to cause us issues in the future.

Any advice would be appreciated!

crashpilot

My grandmother lives in a semi-D, which also had a semi-detached block shed in back garden shared with same neighbour. Years ago neighbour extended block shed into a new kitchen (after asking permission from my grandmother to use party wall) with grandmother's shed still attached.

Now my granny wants to knock her shed and extend but that would leave the neighbours kitchen party wall as an external wall and it wasn't constructed as such. Sticky situation!

Think future-proofing. Don't rely on something that might not always be there!

These types of situations will put you in uneasy stead with your neighbours, even though it was their decision-making at fault in the first place.

pale rider

did you close on the property with your Solicitor aware of the encroachment, that would seem foolish ?