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08-11-2019, 20:56   #1
Bez Bing
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Boundary Issue

So, gone sale agreed but our surveyors report mentioned a potential overhang of the extension to the house we are buying onto the neighbors property.

We mentioned this to the seller and they had a surveyor do a boundary inspection who measured it out and determined that the extension was built on the boundary and stated that no deed rectification was necessary.
The guy who produced the report is a geomatics and boundary survey with all the required affiliations.

I presented this to my solicitor today but he is still suggesting that I have my own surveyor report commissioned.

Is this overkill? Wont they just come to the same conclusion? Can anyone see a reason to have a second inspection done?
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08-11-2019, 23:03   #2
Dolbhad
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Quote:
Originally Posted by Bez Bing View Post
So, gone sale agreed but our surveyors report mentioned a potential overhang of the extension to the house we are buying onto the neighbors property.

We mentioned this to the seller and they had a surveyor do a boundary inspection who measured it out and determined that the extension was built on the boundary and stated that no deed rectification was necessary.
The guy who produced the report is a geomatics and boundary survey with all the required affiliations.

I presented this to my solicitor today but he is still suggesting that I have my own surveyor report commissioned.

Is this overkill? Wont they just come to the same conclusion? Can anyone see a reason to have a second inspection done?
I would get a second opinion. Not saying the first engineer is necessarily wrong but being bang on the boundary could mean it’s a close call. Another engineer might differ. House is the most expensive thing you’ll buy so it’s worth the extra expense. After all if you were selling in the future and another engineer says otherwise, you’ll have to fix the boundary and incur the expense. I rather do it now and have the sellers fix it if it needs to be. I’d listen to your solicitor.
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08-11-2019, 23:10   #3
kceire
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Check with the neighbors.
Ask if they are happy that you both sign a party wall agreement. The wall becomes a party wall with shared ownership and they can use for their extension in the future if required.
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08-11-2019, 23:15   #4
the_syco
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Is the overhang dependent on the neighbours building; can they decide to remove what your overhang rests on? Also, if the neighbour was to do an extension to their border, would the overhang have to be removed? Is there any written agreement with the previous owner and their neighbour allowing this overhang?

Quote:
Originally Posted by Bez Bing View Post
We mentioned this to the seller and they had a surveyor do a boundary inspection who measured it out and determined that the extension was built on the boundary and stated that no deed rectification was necessary.
Quote:
Originally Posted by Bez Bing View Post
I presented this to my solicitor today but he is still suggesting that I have my own surveyor report commissioned.
Your solicitor is looking out for you. The seller is trying to sell the house. Once you buy the house, the overhang will be your problem.
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08-11-2019, 23:35   #5
Bez Bing
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To add a little color, the house we are buying built their extension to line up with the neighbors existing extension. In doing so they originally left a gap which the neighbors asked them to fill the gap.

The surveyor letter states that: 'The southern wall of your extension has been built as a party wall..... The neighbor requested the gap (150mm approx.) between the wall of their existing extension and your new extension be closed in. This gap and half the party wall still belongs to your neighbor'

Everything was done in consultation and agreement with the neighbor.

I think I may err on the side of caution and get my own surveyor to do a report.
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10-11-2019, 22:13   #6
riclad
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i can see no point in getting a new survey done,
you have all the info you need .
it would be a good idea to get a letter from the neighbour,
stating ;
'The southern wall of your extension has been built as a party wall..... The neighbor requested the gap (150mm approx.) between the wall of their existing extension and your new extension be closed in. This gap and half the party wall still belongs to your neighbor' joe bloggs ,

signed ,joe bloggs, adress eg 12 x street dublin.

Say in 20 years you might want to sell the house,
and your neighbour might have moved out or have passed away.
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