Property Overhang Issue

RoryW · 05-12-2015 12:24PM #1

Hi

Neighbouring property to one that I am in process of buying (contracts not yet signed but with solicitors) built an extension that overhangs the property I am buying.

Screen Shot 2015-12-05 at 12.18.47 by rorywilliams, on Flickr

Property being sold is executor sale and vendors (executors) say that they have no record of any agreement between deceased former owner and the neighbouring property.

Naturally I don't want to move into a new house and be "that awkward new neighbour" as we all have to get on with our neighbours so it may be a case of "take it or leave it"

but I am also conscious that we will want to extend across the space in our property.

Thoughts, comments anyone ?

Gumbo · 05-12-2015 04:17PM

Any decent pictures?
Can't really see the construction build up there (well I can't can't) with relation to the possible boundary line and future options etc

It will most likely be a take it or leave it, as I can't see next door knocking their portion down.

RoryW · 05-12-2015 04:19PM

kceire wrote: »

It will most likely be a take it or leave it, as I can't see next door knocking their portion down.

agreed !

kceire wrote: »

Any decent pictures?

not decent but all I have....

Screen Shot 2015-12-05 at 16.20.32 by rorywilliams, on Flickr

Screen Shot 2015-12-05 at 16.20.16 by rorywilliams, on Flickr

iwillhtfu · 05-12-2015 04:27PM

Hard to tell op but it looks like they've extended along the party wall but it's the soffitt and fascia/guttering that's overhanging into your property.

If this is the case the op wouldn't need to knock his extension but he'd have to restructure the roof so as to create a hidden valley for guttering.

If you plan on extending yourself then you could use this wall as your boundary wall and in turn create a hidden valley.

It'll be an awkward conversation but I guess you could come to some agreement between yourself/neighbour on builders fees when/if you do extend.

BryanF · 05-12-2015 04:35PM

Parapet wall might be the job

Mahogany Gaspipe · 05-12-2015 09:01PM

That arrangement would make me anxious both in legal terms of property boundary/ownership and construction.

If the wallplate for that roof is sitting on top of that wall correct reestablishment of that wall as a boundary wall (via constructing a parapet wall) would not be a straight forward nor inexpensive fix.

I certainly would be flagging the issue with your solicitor.

Markcheese · 06-12-2015 10:26AM

Something i'd be looking to the vendors solicitors to sort out ... and if it's been done a long time the neighbour could probably say go jump ..

Atlantic Dawn · 06-12-2015 10:31AM

Is the downpipe from their gutter going in to the drain on "your" property?

RoryW · 06-12-2015 11:21AM

Atlantic Dawn wrote: »

Is the downpipe from their gutter going in to the drain on "your" property?

From memory I think so

Calahonda52 · 06-12-2015 02:14PM

Am assuming u are looking at buying the LHS property
I think the original boundary wall was where the RHS parapet wall ends so I see serious encroachment, its not just the gutter/facia.

If u look at the dashing on the LHS...

I would be walking .

RoryW · 06-12-2015 03:09PM

Calahonda52 wrote: »

I think the original boundary wall was where the RHS parapet wall ends so I see serious encroachment, its not just the gutter/facia.

If u look at the dashing on the LHS...

.

Agreed, I reckon just under a foot encroachment

iwillhtfu · 06-12-2015 03:39PM

Calahonda52 wrote: »

Am assuming u are looking at buying the LHS property
I think the original boundary wall was where the RHS parapet wall ends so I see serious encroachment, its not just the gutter/facia.

If u look at the dashing on the LHS...

I would be walking .

RoryW wrote: »

Agreed, I reckon just under a foot encroachment

I don't think so.

It looks like he has built the wall directly under the original gutter valley which would be a shared boundary wall or it may well be his wall on his property that he may have allowed the house on the left use as the adjoining wall for his extension.

If it is a shared wall it will encroach on your property by half the width of a cavity block so 4.5-5" this presumably was agreed upon as it looks both houses are sharing the original adjoining(parapet??) wall.

It wouldn't put me off either way to be honest as presumably you're going to dismantle an existing extension and include this area as it word hardly be cost effective to extend this small area.

I would be in bringing it up before you buy though and that if you do extend the neighbour will have to restructure his roof to allow you use the shared wall.

kkelliher · 07-12-2015 04:30PM

Its a legal issue that you need the vendors solicitor to sort. I have seen this in a very high number of properties that I have been asked to survey. The number of rear extensions (which are all below the planning threshold) that are actually built on the legal boundary is actually frightening and the property owners in the main are generally oblivious to the issue. Even the current seller will not see this as an issue as clearly they didn't when the extension was been built. This appears to pop up a lot when neighbours get on well or have been next to each other for years and agree to these things with little fuss. The fuss starts when one of the goes to sell and then reality of what they did sinks in.

RoryW · 07-12-2015 04:34PM

kkelliher wrote: »

Its a legal issue that you need the vendors solicitor to sort. I have seen this in a very high number of properties that I have been asked to survey. The number of rear extensions (which are all below the planning threshold) that are actually built on the legal boundary is actually frightening and the property owners in the main are generally oblivious to the issue. Even the current seller will not see this as an issue as clearly they didn't when the extension was been built. This appears to pop up a lot when neighbours get on well or have been next to each other for years and agree to these things with little fuss. The fuss starts when one of the goes to sell and then reality of what they did sinks in.

Thanks, the property is an executor sale so the elderly lady wh lived there may not have realised what happened. The executors have said they are not aware of any agreement between the parties.

Someone has also told me that after 12 years that the encroaching party gains squatters rights and gets to keep the squatted on slip of land.

kkelliher · 07-12-2015 04:48PM

RoryW wrote: »

Thanks, the property is an executor sale so the elderly lady wh lived there may not have realised what happened. The executors have said they are not aware of any agreement between the parties.

Someone has also told me that after 12 years that the encroaching party gains squatters rights and gets to keep the squatted on slip of land.

You will need to get proper legal advice as bar stool advice generally can be misleading and not based on the actual facts. Squatters rights are one of the hardest things to prove and it includes a necessity to dispossess the ownership from the real owner and have intent to lock out the world which would nto appear to be the case in the example given.

Mahogany Gaspipe · 07-12-2015 04:55PM

It doesn't need to be a issue that causes you to walk away from the purchase.

However you certainly do need to get agreement as where the boundary now is. You need clarification and acknowledgment that there has been encroachment (if it exists). You need to get drawn up all legally binding documents that clearly set out where the boundary is now located.

Ask yourself; should you decided to build a similar extension are you happy to construct your extension wall to support your roof, parallel to what was the boundary wall; thus effectively surrendering some of the original property.

Again I don't think any of these issues merit walking away from the property but certainly make sure that what you think is your property and what you think is your boundary is matched in legal documentation.

RoryW · 07-12-2015 05:00PM

kkelliher wrote: »

You will need to get proper legal advice as bar stool advice generally can be misleading and not based on the actual facts. Squatters rights are one of the hardest things to prove and it includes a necessity to dispossess the ownership from the real owner and have intent to lock out the world which would nto appear to be the case in the example given.

it is with my solicitors at present who have raised the issue with the vendors solicitors.

Property Overhang Issue

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