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  • boundary enquiry

    hello everyone, i'm looking for help to solve the mystery of boundries!!

    I've recently bought a house which I plan to develope, included in my plans is an extension, simple enough you may think.... since having the architect out I have found that my adjoining neighbours have erected an extension (without planning) which is 2 feet over my boundry, they have installed a window looking at my patio, laid an oil pipe across 8 feet of my garden and put the oil flue on the boundy wall (2 feet from my dining room window) so i cannot open the window without all the nasty fumes coming in. surely none of these points are legal but i cannot find information anywhere,

    Can anyone help me PLEASE??

    :banghead: :banghead: :banghead: :banghead: :banghead:

  • #2
    Hi Billy and welcome to NFHiB



    I don't know a thing about boundary issues, but know that some members have experienced boundary disputes so hopefully they might be able to offer you some advice.



    You might want to also check out the NFHiB Links Directory to see if there's anything useful there.



    Glad to have you with us. Sorry to hear about your problems, can't be nice to find out especially as you've only recently bought your home. Was there no mention of the neighbours in the Sellers Property Information Form (SPIF) which you got from the vendors? What do your deeds show?



    Anyway, check back often as I'm sure you'll get plenty of advice and support .





    [Moved to Ask for Help Here]

    Comment


    • #3
      Hi Billy, and welcome to NFHiB



      I'm no boundary issue expert either! However, I think it would be well worth checking the gardenlaw website in the links section, as they have info/discussion forums around these issues. Your neighbours do rather sound as if they have no regard to the law or to your rights! Is your L.A. planning department aware of their lack of planning permission? It will be highly interesting to see what action they will take

      It may be worth a chat with your local Environmental Health department re the fumes, and see what they suggest.

      Do your deeds confirm that they have definitely stolen part of your garden? Have you had any discussion with the neighbours re any of this?



      Sorry to ask so many questions! It just helps members get a fuller picture, to hopefully offer as many tips as possible here.



      I'm sure other members will have advice and support to offer you, so please visit often!



      Regards,



      Sapph

      Comment


      • #4
        Hi Billy and welcome,



        Sorry to hear of the problems you are having :badmood:



        Your neighbour may have not needed to have planning permission to erect his extension (there are certain rules that you can follow to avoid this especially if it is a single storey, rear extension), but he certainly would have had to follow local building regulations, (and this would have involved submitting plans to the council and strictly adhering to them). The council would also have had to inspected his building during the works and upon completion.



        From what you have described, your local planning department should be contacted about the construction imposing on your land. They will be able to tell you whether there has been a breach of planning control.



        As for the pollution from his oil fumes, environmental health should be your first point of contact.



        Good luck



        Blue Cow

        Comment


        • #5
          hi Billy



          the best thing you can do at this stage is to ask at your local council planning office



          explain the situation, it might be an idea to take photos to show them, they should have a record if planning permission was applied for (if needed)



          I do know that conservroties over a certain size need permission so would imagine that a brick built structure of a cxertain size would too.



          if anything is in your garden that belongs to your neighbour, ...well I am pretty sure its not on!



          you must check your house deeds, very important this.



          the oil pipe in your garden and fumes....what a cheek, no wonder you are cross, I would be too.



          that may be a job for the EHO, smells department!

          Comment


          • #6
            THANKS FOR ALL THE ADVICE, FROM WHAT I GATHER HE WOULDN'T HAVE NEEDED PLANNING DUE TO THE SIZE OF THE EXTENSION, BUT BUILDING REGS IS A DEFINATE. ACCORDING TO THE DEEDS OUR BOUNDRY IS STRAIGHT THROUGH THE HOUSE AND GARDEN, REATHER THAN A 2 FOOT INDENT. THIS ALONE DOESN'T BOTHER ME AND I DON'T WANT TO CAUSE A ROW OVER IT, BUT THE FUMES ARE UNBEARABLE SO I THOUGHT IF I ARMED MYSELF BEFORE SPEAKING TO THE NEIGHBOURS IT SHOULD BE EASIER TO SORT SOMETHING OUT. :sad:

            Comment


            • #7
              Hi again



              Regarding the smells, definitely chase up with Environmental Health department. They will be able to assess whether the fumes constitute a "statutory nuisance" or not (as defined in the Environmental Protection Act 1990 - NFHiB Legislation Pages).



              That should give you plenty of information for you to speak to your neighbour about.

              Comment


              • #8
                Hi Billy,



                Well good luck with your neighbour, (and EH if you contact them first)



                Let us know how it goes



                Blue Cow

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                • #9
                  Hi Billyfish



                  Welcome!

                  Hope you have found the advice from everyone to be useful already! I'd contact env health too - as others have mentioned, just to see where you stand with the fumes issue. I would have thought it would need a proper terminal and flue a certain length, but difficult to know with out seeing it.



                  The first thing that sprung to my mind was what exactly was your solicitor doing when you bought this property? Surely such a situation would have been noted?



                  It does sound like the structure would be within 'permitted development' but it would still require building warrant approval from start to finish. Please follow Beth's advice and go and see the Council's Building Control officer and the Planning Officer asap.



                  I hope you can reslove this satisfactorily, boundary issues are such a nightmare and can be extremely costly, so if it can be dealt with amicably, then you will all be winners .



                  Good luck, let us know how you get on!



                  Mazza

                  :clover:

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