Possible encroachment but definite overhanging roof of neighbours extension

Fyza Dublin 18

Hi,

Hi, seeking advice from experienced people who had to deal with possible encroachment. As seen in the picture, the neighbours extensions roof overhangs by quite a lot to our side of the backyard. The satellite image shows their garden to be wider than ours but our folio maps show differently. Recently bought the house but the structural surveyor didn't mention anything. Dont know if previous owners were approached for easement? They reside abroad. Should we go to Dublin county council or an architect to put our mind to ease or contact our lawyer? Don't want to start off on the wrong foot in a new neighbourhood but at the same time, cannot let go of this as it is coming in the way of our plans to extend.

cheese sandwich

If you bought it like that there’s probably nothing you can do about it now. Our neighbours used our boundary wall for their extension but as it was done before we bought, we were advised that there was nothing we could do about it

Fyza Dublin 18

Worrying!

kippy

You would have expected a competant surveyor to have brought this potential issue to yer attention for review.

As above at this point I doubt there's much that can be done about it, particularly if you want to get on with your new neighbour.

Had you spotted this potential issue yourself before you bought?

mickdw

That's scandalous. That roof needs to be taken back to a raised parapet style with no overhang.

FishOnABike

To me it looks like the side wall is right on the boundary between both properties. It seems to be directly below the half way point between the two upstairs windows.

Was the neighbouring extension part of the original build or was it added to the neighbouring house some time afterwards?

First point of call would be the local authority planning office.

I'd look at the original plans and any planning permission granted afterwards and see if the extension complies with the original and any subsequent plans, permissions and any attached conditions.

I'd also look at the foundation details on the extension plans and check if they might have been designed and constructed so as to facilitate you building right up to their extension with abutting external walls and a valley between both roofs.

If the foundation hasn't been constructed with this in mind it might complicate building an abutting extension but it could be presented as a solution to a planning infringement ( if the existing extension is not according to plans / permissions / conditions ) rather than a problem. It all depends on how you approach it and present it to your neighbour if you want to build a similar extension.

If your neighbours extension is in breach of planning they are less likely to object to you applying to build something which would resolve that breach.

tinytobe

I always thought if the neighbour is building on your property you can take it down as you like it. He's in your space.

I am just surprised you didn't see that when you've bought. It's pretty obvious.

I personally would never buy a property where there is a possible with any sort of trouble with a neighbour and encroachment is one of them.

Fyza Dublin 18

We were under pressure as we were asked to draw down before the mortgage interest rates went up again and also and with the housing situation, god knows how long we would have had to wait to find one in our budget.

Fyza Dublin 18

@FishOnABike Thank you for your advice. We were thinking on the same lines about reaching out to the planning office first. Considering the size of their extension, they wouldn't have needed planning permission for less than 40sqft and theirs is much less than that. However, the over hanging roof did not seem right at all. Fingers crossed for what's in store. Thanks again

FishOnABike

The planning office will be able to let you view any planning applications and associated documentation + plans, and provide copies for a fee but can't give you advice about your neighbours extension.

If it's not against any planning, it would be worth getting professional advice as to whether it would be contrary to building regulations and / or would be trespassing on your property.

If you can present your extension plan as a solution to your neighbours breach of planning or building regulations or trespass it would make it easier than an adversarial approach with them.

tinytobe

I would simply try to seek a conversation with the neighbour first. Maybe he's never even thought about it.

Describe to him the problem, that you're trying to use this space yourself, you want to install some kind of awning and the overhanging roof is simply a problem to you as it is in the way.

Tell him that you see this as an encroachment and if the situation was reversed he would probably not like it either.

If he's nice and understands, try to tie him down to a time frame to get it resolved.

If he doesn't understand, tell him that you doubt that the law would be on his side, but you don't want to go down that road.

If he still doens't want to understand you'd have to resort to different means, like get a solicitor, etc... But that's to be avoided.

I honestly don't see that the law shouldn't be on your side, but again, try to reaon with the neighbour first.

mickdw

https://www.boards.ie/discussion/comment/121207865#Comment_121207865

100 percent. That's the approach I'd take.

I'd imagine within 30 seconds they will know what they are dealing with.

Seth Brundle

By all means have a conversation with the neighbour bit don't for one minute think that the neighbour is unaware that their extension is overhanging your property. They were always aware of it (and possibly evem requested it)!

DesperateDan

What's the resolution here in an ideal world? Chop off 6 inches of his roof and remove the overhanging guttering? I would personally approach it with a view to getting your extension joined on to his, that means he's barely impacted, you've maximized space and it can potentially look much better

tinytobe

https://www.boards.ie/discussion/comment/121207886#Comment_121207886

I suppose so.

However he might not even be aware of it himself, maybe he didn't build that exension by himself, but bought the property from somebody.

And even if, it may have been the company he contracted who did the extension the wrong way.

Also, I wouldn't contact any local authority planning offices and other bureaucrats who say that nothing can be done. They just sit on their back side and get paid anyway, regardless.

After all, when push came to shove encroachment would be a legal matter, for a civil court case. He is in your space, and you want to use that space, which is legally in your ownership.

I doubt very much that any court in Ireland would decide in your neighbours favour, especially if it is that obvious.

But again, it doesn't need to come to that.

I'd try to reason with him at first, only if he plays dumb, different measures need to be applied.

Fyza Dublin 18

Thank you to all for taking time out to reply. I will keep all advice in mind before we approach the neighbours.

chooseusername

https://www.boards.ie/discussion/comment/121207977#Comment_121207977

Looking et the sattelite pic I reckon there's a lot more than the eaves and guttering overhanging;

FishOnABike

The satellite picture and the photograph seem to be inconsistant.

In the photograph the outside of the wall of the neighbours extension appears to be half way between the two upstairs windows which would put it right on the edge of the boundary between the two properties.

Car99

Did a surveyor actually look at the house and garden before you purchased ? I would be questioning is the fence line in keeping with the property bounds .

sydthebeat

Looking at the photo of obvious that extension has been there a while.

I feel any conversation with them neighbour will go two ways

1. They'll say the last owners agreed to it and had no problem with it

2. It's been there so long now there's not a chance they will do anything to it.

I'm not sure what options are open to you OP. A legal case here would just be a money pit for you.

I think your best option is to be agreeable with the neighbour, point out that there is an encroachment issue, but that you will use their wall to build up against when your building your extension, and the boundary wall will be continued from the LHS line of his extension

D3V!L

https://www.boards.ie/discussion/comment/121212394#Comment_121212394

I would tend to agree. Looking at the vent beside the door and the amount of space to the right inside the door I'm leaning towards the neighbours extension is built actually behind this house.

Calahonda52

https://www.boards.ie/discussion/comment/121205994#Comment_121205994

Plus 1

look at this

https://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3

I dont think it has been changed

The other thing that would be of interest is to see where their foundation line is

standard design is founds to be 3 times the width of the wall with wall built in the middle so a 300+ cavity wall could result in the foundation being another 300 into you garden. worth having a look

The normal solution here is shared walled, with parapet between and above the two roof.

Don't agree to a shared valley to lessen the reworks issue for him, if it leaks its a nightmare

Roadtoad

Adverse possession, neighbour already owns it, if extension was built 12+ years ago.

Sorry.

(I'm not a lawyer)

Former Former Former

My guess is that if the previous owners live abroad, then the house was rented (or vacant) and the neighbour essentially grabbed some of what is now the OP's land, knowing that tenants would be less invested in kicking up a fuss.

Whether anything can be done about now is the question. OP needs to find out asap when it was built and hope it was within the last 7 years. If not, there's little can be done about the building. If it was done more than 12 years ago, it's even worse as the neighbour essentially now owns the land.

OP also needs to contact his solicitor. The vendor should have completed a survey in which he was asked if there was any overhang, easement or encroachment, it would be interesting to see what they said. And if OP got a survey done, that needs to be revisited asap.

Yeah Right

https://www.boards.ie/discussion/comment/121212659#Comment_121212659

That's not what adverse possession is.

It may be beyond the statute of limitations (see the '7 year rule'), but that's different to adverse possession, which is essentially 'squatter's rights'.

Mech1

looking at your picture, i believe that i live in a identical house in the same estate.

i will repeat your picture later when i get home for comparison.

chooseusername

https://www.boards.ie/discussion/comment/121212379#Comment_121212379

Seems the sat pic is not directry overhead alright.

If op were to measure from jamb of patio door to party wall inside the room and see how it compares to the measurement outside, the wall is probably right on the boundary; because the photo was taken at an angle the red vertical line will be skewed but it looks to be halfway between the windows.

Mech1

That's the back of my house, your welcome to take any measurements needed.

Mech1

If you are in d16 WT Estate I can also send a drone overhead to get a more detailed aerial view of your situation.

Pm me.

IrishOwl...

https://www.boards.ie/discussion/comment/121212659#Comment_121212659

I don't think this situation fall under adverse possession!

Fyza Dublin 18

@Mech1 Thank you for putting up a picture of your backyard. We will try and get info about when it was built. The aerial view really did confuse me as it shows their garden is wider than ours but we will gather info first from relevant authorities before jumping the gun. Have a feeling theres not much we can do. I'll dm you if I need a drone to annoy them... 😂 ...Jk!

Mech1

https://www.boards.ie/discussion/comment/121220550#Comment_121220550

No worries, with a tiny bit of Google maps help I already know where to send the drone. But pm me 1st I don't want you to parade any personal info on here.