Semi D extension to the right of me is over the property line

Snorlaxx · 21-01-2022 12:07AM #1

Hey Guys.

Im looking to buy a semi D(on the right side, currently no extension). The house to my right is another semi D with a single extension, however the gutters are over the property line, so when the extension was built, the gutters wernt built in line with the property line as they should have.

Where will I stand if I want to build a single/double extension?

21-01-2022 12:13AM

https://www.boards.ie/discussion/2058229113/semi-d-extension-to-the-right-of-me-is-over-the-property-line

Discuss with your neighbours would be best approach to reach a reasonable conclusion.

Mellor · 21-01-2022 01:14AM

https://www.boards.ie/discussion/2058229113/semi-d-extension-to-the-right-of-me-is-over-the-property-line

Where was the extension side wall built in relation to the boundary wall. OIn top, or beside (with gutters wider that wall).

I presume this means the roof falls, at least partially, towards your garden. Gutter overhang aside, if you were to build 2 story, they'd be draining into your wall. not ideal.

Could speak yo them and see if they've plans to go up in the future. Might remove the issue.

Gumbo · 21-01-2022 10:08PM

A Photo would be great.

The gutters may be the boundary, they may be over the boundary, or they may be on the boundary.

As soon as you buy, its your problem.

Ask now, ask the vendors to clarify.

Snorlaxx · 22-01-2022 08:03PM

Hey All, sorry for the delayed reply.

Had to crop the image for anonymity.

I',m looking to buy the house on the left and the house on the right has the extension in question. Looking at it again today its part of the pitched roof that goes over the boundry line.

Donald Trump · 22-01-2022 08:07PM

Depending on how long it has been there, they could claim they have established an easement which gives them a legal right to keep that gutter there for eternity.

Mellor · 23-01-2022 06:11AM

https://www.boards.ie/discussion/comment/118518382#Comment_118518382

how do you know where the boundary is?

Former Former Former · 23-01-2022 07:36AM

You need to get a copy of planning application from the council as a matter of urgency. It may even be available online.

If they built it overhanging the adjoining house you're looking at, then they should have specified this and got permission from the owners.

If they did, then you have an issue.

Snorlaxx · 23-01-2022 01:09PM

https://www.boards.ie/discussion/comment/118519961#Comment_118519961

MakersMark · 23-01-2022 01:14PM

You make your extension 1 foot narrower??

Or put in communal guttering.

Council wont enforce demo of existing structures.

Mellor · 23-01-2022 01:51PM

https://www.boards.ie/discussion/comment/118520650#Comment_118520650

Again, how do you know where the boundary is? Have you done title survey?

You state it’s the driveway. What are you basing that on? It may well be, it’s a common error but I wouldn’t be making assumptions or accusations.

Also looks like the “downpipe” aligns to the raised edge if the driveway in that photo.

Gumbo · 23-01-2022 08:38PM

https://www.boards.ie/discussion/comment/118519998#Comment_118519998

Assuming there's Planning or it even required Planning.

Even so, Planning cannot grant development over the boundary no matter how its described or drawn. Its a civil matter.

Gumbo · 23-01-2022 08:40PM

The Vent on the adjoining extension is facing your air space also.

OP, do you plan on extending?

Ask the vendor to clarify and explain if there's a right of way for the adjoining house to come onto your property to maintain their gutter line and access vents.

There's a few ways out of this depending on your long term plans to build or not?

Former Former Former · 23-01-2022 09:15PM

https://www.boards.ie/discussion/comment/118522539#Comment_118522539

It's at the front of the house so should have got planning.

My point about looking at the planning is that it will show where the boundary is and where construction should have happened.

This is something he can do quickly, cheaply and without a solicitor or surveyor

Snorlaxx · 23-01-2022 11:04PM

https://www.boards.ie/discussion/comment/118522548#Comment_118522548

Yes, the plan was to purchase the house and in time build a double extension in the empty space similar to that of most houses in the estate for one of our parents and home office. We could just go purchasing a bigger house obviously but as neither of us drive, its the location that suits for schools, work, bus routes etc.

Thanks @Former Former @Former Former Former , I've mailed the planning dept to see is this possible.

Gumbo · 23-01-2022 11:23PM

https://www.boards.ie/discussion/comment/118522721#Comment_118522721

It’s at the side of the house so may be exempt, hence my clause.

I prepare or deal with planning applications weekly, the boundary line for planning purposes cannot be taken as legal.

Gumbo · 23-01-2022 11:23PM

https://www.boards.ie/discussion/comment/118523198#Comment_118523198

Just go online to view the files.

you can search by address.

Phil.x · 23-01-2022 11:35PM

I'd send them a solicitor's letter telling them of encroachment, but only if I was the home owner, if you're buying I'd look elsewhere

Snorlaxx · 23-01-2022 11:39PM

https://www.boards.ie/discussion/comment/118523276#Comment_118523276

No Planning application for said address 🤬

WillContribute · 24-01-2022 12:06AM

The vendor should be able to provide you with proper land registry maps or dimensions for the site you are possibly purchasing. You can check the boundary from that This is something they are supposed to do, before contract. If they can't, I'd be wary.

If the boundary is at the wall edge of the adjoining extension, (so the overhang and gutter is in your site) then you would be depending on the neighbour to fix it up, (parapat wall built up with inbuilt gutter) , they will possibly have no interest in doing so, or possibly no money to do it. The pvc facia along the edge is pretty cat, lots of scrap pieces so possible.

You might end of having to pay to fix it (which they might not agree to) or else you build a smaller extension, and when possibly reselling in 10 or 15 years, you will be trying to sell an obvious problem.

Maybe talk with the neighbours, if they look anyway difficult, go away, if they are helpful then check the boundaries but asses your options.

Mellor · 28-01-2022 04:18AM

https://www.boards.ie/discussion/comment/118522721#Comment_118522721

Front of the house doesn't mean it needs planning. There's a pathway to exempt development when building to the side like that. Not planning on file suggests that's what happened. It's a bit moot though. Site plan in a planning file is not a legal boundary. The thickness of the line alone is sufficient space to make the difference.

muffler · 28-01-2022 10:36AM

https://www.boards.ie/discussion/comment/118543606#Comment_118543606

Unless it's a shed or store it needs planning

Mellor · 28-01-2022 02:20PM

Not quite Muffler.

A shed/store/garage can be built without planning under class 3.

A shed/store/garage then also (or subsequently) be converted to a habitable room under class 1.

That in itself is a pathway for the above “extension” without planning. There’s no way to know the timeline from the info so far. The garage could have even been original.

Semi D extension to the right of me is over the property line

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