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  • Neighbour won't bother to discuss!

    Good afternoon



    I was wondering if in any advice could be given on how to handle a situation which is causing a severe lack of sleep!!

    I own an end terraced property. My non - adjoining neighbour owns the land gap of approx 10 feet right up to my boundary outside wall which is my lounge and dining room.

    He has advised that firstly he wishes to join a single storey "lean to" from his wall onto my property and seal area in - I communicated my disapproval on this !



    He then secondly advised if he cannot perform this that he then wishes to build a new wall within approx 10 mm from my wall making it both unmaintainable plus unavailable for any access for a surveyor when I come to sell the property in the future.This also thereby renders me in breach of my mortgage agreement in terms of proporty maintenance.



    Having contacted the council they have confirmed he is within his rights as the land is his and to seek further legal assistance. Obviously their advice is to sort it out between ourselves however to describe my neighbour as being impossible to talk to is an understatement!. He threw the surveyor I invited round off his land !



    Does anyone know where I stand on this ??



    Rgds



    Perch

  • #2
    hi perch, welcome.



    i am not very good with situations like this, but just on the basis of what you have said, would it not be preferable for you to allow the neighbour to build right up to your wall and seal it in. if the work is done properly surely this would be better than having a gap of 10 mm which could encourage damp or whatever?



    i would also suggest mediation with your neighbour as these things can get terribly out of hand, end up in legal disputes costing lots of money and upset all round.



    hopefully other will soon come along and assist further!!!!
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    • #3
      Hi Perch and welcome to the forum



      Sorry to hear about your situation Unfortunately I also know nothing about this sort of thing but I'm sure other members will be along with advice very soon



      Have you looked at your house insurance to see if you have the option of legal advice? I would think your insurance company would want to know of any changes that your NFH might have in mind for YOUR property. Anything he does might negate your policy, give them a call.



      Good luck, and come back as often as you need to



      Misty
      "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

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      • #4
        It may be worth a visit to the Gardenlaw site. Not quite as active as this board but the advice is usually pretty sound.



        Have a look at the Party Wall Act too.



        I would advise mediation too if at all possible.
        Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



        We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




        So what's the plan?



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        • #5
          Hi Perch and welcome to the NFHiB Forum Board



          Sorry can't help with your query , but the others suggestions are great ones:



          Mediation with your neighbour.



          Gardenlaw Site .



          Checking out your Insurance for legal expenses cover.



          I can appreicate that you wouldn't want such a small gap between the properties, it would make maintaining them very difficult - doesn't your neighbour realise that? :blink: :unsure: Or is he just not bothered?



          Anyway, please keep us posted with how you're getting on and I'm sure that other members will be along to offer advice and support too.



          Holly

          Comment


          • #6
            Hum, not the best one in the world this, but a different kind of harassment altogether.



            I recall reading in last weeks Daily Mail (might be worth checking their website - sorry not got the link) about a story they ran where the neighbour attempted to build an extension - which was initially approved by the council - which more or less butted up to the neighbours boundary. Now this was a little complex because it transpired that the fence posts were out by millimetres and needed to be moved over plus the concrete taken up etc. But the whole thing cost in the region of about £150 thousand pounds. Now the woman who originally wanted to build the extension was turned down and she is now liable for the costs of the case which is set out above. The Judge was fairly damming of the whole thing and questioned the rationale of it being brought before the courts.



            The thing is - he needs to get planning permission and to do that he needs to submit plans. Given that he is not exactly the most co-operative chappy in the world I would be tempted to ask the surveyor who came to see you to write a short letter just outlining how unreasonable this NFH of yours is and then submit this together with your objection to the council. I would be tempted to make reference to the fact that if he couldn't be reasonable to a surveyor one would conclude that he would in fact - in your opinion - be somewhat untrustworthy to stick to the plans and guidelines laid out. You have a right to maintain your property and they have no reasonable right in law to refuse you, unless of course things like restraining orders etc which doesn't apply here.



            I would also be tempted to argue the point about loss of light onto your property (a corking one and very good grounds for refusal) and the detrimental effect it would have on your wall given that the loss of light and air could cause circulation problems and cause dampness. These are reasonable arguments and should be taken into consideration. Lastly, I would go to your council and find out who is on the planning committee - these are your elected councillors who have the power to approve or throw out any planning application. Write to each and every one of them and offer the cordial invite to come and see for themselves. Its a superb trick that works a treat everytime. Guarantee you will get some satisfaction from this last bit.



            Good Luck

            Comment


            • #7
              I think Scooby may be referring to the story '£150,000 legal bill over 6in land row'?

              Comment


              • #8
                Arh the very one - thanks Matthew !



                There you go Perch search is over click on the link and off you go

                Comment


                • #9
                  :thumbs: Excellent website !!



                  Thank you all very much for very prompt feedback - will follow up and report back as situation advances !





                  Perch

                  Comment


                  • #10
                    Hi Perch,



                    Welcome to the Forum .



                    Ooo, tricky one this :unsure: .



                    Have you any idea if you have access rights over this strip of land? That might put a spanner in his works :lol: .



                    Unfortunately, he has the right to build up to his boundary - unless of course there are burdens on the strip of land like access as mentioned.



                    He won't be allowed to attach anything to your wall though.



                    If he has no burdens on this land strip, then let him build 10 mm away but make sure that he has all the proper consents - e.g. Building Warrant and planning permission. Unfortunately Planning Permission is not always required, so check with your Council about that first.



                    I don't think that a wall as close as 10 mm will put Mortgage lenders off - surveyors can only survey what they can see and there's loads of stuff they don't ever see and that doesn't necessarily stop anyone getting a mortgage.



                    I can tell you that if there's no roof hatch in a property, the surveyor will not make any effort at all to inspect the roof timbers . Likewise if the roof cannot be seen from the road, the surveyor will not get a huge ladder out to look either.



                    But my first port of call would be to check my deeds and go to Building Control & Planning if I were you. I'd try and avoid solicitors like the plague, but it might be that you'll have no option but to take legal advice, so do check your insurance and see if you are covered for this :unsure: .



                    Let us know how you are getting on



                    Mazza

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