Who is liable?

Who is liable?

Postby charlie58 » Sun Oct 18, 2015 8:38 pm

Hi can anybody help please. My daughter and her husband bought an ex council house from a private seller approx. 5 years ago. The house borders a current council house. A council inspector arrived last week and has told my daughter that her patio overhangs the next door property by approx. 0.3m. This patio is built up with a brick retaining wall because of the slope to a height of about 1.5m and the wall in question is approx. 3m long. This patio in its present form was there when my daughter bought the house.

We don't dispute the fact that the patio is encroaching on the neighbours property but I would like any views as to responsibility for the cost of the inevitable works required to rectify this. Is this something that her solicitor should have picked up on? Is it the responsibility of the previous owner for not informing my daughter of this? Does the ultimate responsibility fall on the person who installed the patio in the first place? Or does my daughter have to bite the bullet and meet the costs out of her own pocket.

Any advice would be welcomed.

Regards, Charlie
charlie58
 
Posts: 1
Joined: Thu Oct 15, 2015 7:33 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Who is liable?

Postby MacadamB53 » Sun Oct 18, 2015 9:31 pm

Hi charlie,

when were the patio and wall built?

Kind regards, Mac
MacadamB53
 
Posts: 6038
Joined: Mon Dec 10, 2012 12:13 am

Re: Who is liable?

Postby ukmicky » Sun Oct 18, 2015 9:53 pm

A man from the council has no authority to say that and normally councils stay out of boundary disputes as its beyond their remit. . He can say it but his opinion means nothing.

However if it is encroaching ,it is now your property and your responsibility to remove the encroachment .

Whether or not you then have a case against the previous owner of your house for the cost of the remedial works I cant say.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4546
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Who is liable?

Postby COGGY » Sun Oct 18, 2015 10:16 pm

Doesn't it depend on how long it has been like this? Is it possible for the patio to acquire rights in the same way as over-hanging guttering?
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Who is liable?

Postby Eliza » Mon Oct 19, 2015 7:29 am

I don't quite understand the question here.

OP describes it as "her patio" and therefore she pays for any maintenance work it needs doing.

The fact that it overhangs her neighbours garden means she should "rein it in" and remove the overhanging bit.

Are we supposed to interpret the question as really saying "Yes...I know my patio overhangs neighbours land. It needs some work on that supportive wall on their land - can I make them pay my maintenance costs for me - and ignore the fact a bit of it is on their territory?" Is that what OP is really saying? I'm a bit confused here as to exactly what they are asking.

Property of mine was on a neighbours land (not one of the troublesome ones I have here...) when I bought the house. My responsibility to put it right - I did so. I removed my property from their land (ie without waiting to be asked to do so). I could see it didn't belong there - so I took it off there. The neighbour concerned didn't seem in the slightest bit bothered about it - but it still didn't seem right to me to do so and I was also bearing in mind whether a future owner of that house would take exception to my property on their land and wanted to avoid that situation.

That's the thing - to be consistent. If its yours its YOURS. If its not yours then its NOT yours.
Apologies for not giving exact personal details in my posts - you never know who is reading....
Eliza
 
Posts: 301
Joined: Sun Jun 01, 2014 6:28 am

Re: Who is liable?

Postby stufe35 » Mon Oct 19, 2015 7:52 am

Have the council put anything in writing ?

Can you answer coggys question ?
stufe35
 
Posts: 784
Joined: Mon Nov 05, 2012 4:06 pm

Re: Who is liable?

Postby mr sheen » Mon Oct 19, 2015 7:58 am

Ex council properties usually come with extensive clauses in the deeds that allow the council ongoing rights in relation to neighbouring properties. So whereas the council usually have no influence in relation to boundary disputes, in the case of ex- council properties and council owned properties, you will probably find that the deeds make provision for the council to decide on issues regarding the boundaries, fences etc etc etc and you are then stuck with it. Some also make provision for costs of rectifying issues falling to new owners etc...purchase of ex-council property is often full of additional clauses that are often aggressively enforced many years after they were first sold.
You accept that the patio encroaches and you/family member own the patio, so the easiest thing to do is rectify the issue in an amicable manner and this will be easier to retain good relations with the neighbour and the council since you didn't lay the patio.

It would be a brave (or other less complimentary adjectives!) person who would take on this David and Goliath battle for a bit of encroaching patio. However, you can check your deeds as a starting point or go back to the conveyancing solicitor to ask about clauses relating to the council if you want to find out exactly where you stand.
mr sheen
 
Posts: 2093
Joined: Fri Feb 27, 2009 3:33 pm

Re: Who is liable?

Postby Collaborate » Mon Oct 19, 2015 10:47 am

I agree with mrsheen that your deeds should be the first port of call.

The council inspector has every right of course to get involved as the council is the neighbour.

Unless the deeds say otherwise (in the type of clause mentioned by mrsheen) you need to find out how long the patio has been there if you're to successfully argue adverse possession.
Collaborate
 
Posts: 1125
Joined: Mon Feb 23, 2015 10:17 am

Re: Who is liable?

Postby jonahinoz » Sat Oct 24, 2015 7:52 am

Hi,

If you openly accept that your patio has no right to be where it is, perhaps the council would accept a cash settlement to allow it to remain where it is ... probably subject to the present tenant agreeing (more cash?).

Your second move might be to get a couple of estimates for the removal of the offending section of the patio ... and perhaps for extending it sufficiently for your neighboour to enjoy the bit of your patio that is in their garden.

I assume that the patio did not require PP.

John W
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Re: Who is liable?

Postby arborlad » Sat Oct 24, 2015 3:45 pm

charlie58 wrote: A council inspector arrived last week and has told my daughter that her patio overhangs the next door property by approx. 0.3m.



What is this based on, an established boundary feature or a title plan?
arborlad

smile...it confuses people
arborlad
 
Posts: 7387
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Who is liable?

Postby jonahinoz » Sat Oct 24, 2015 7:42 pm

Hi,

The patio might have been built while the property was still owned by the LA.

You need a copy of the Land Registry, to see when your house was bought from the council. Would the council keep records of what was being bought, for valuation purposes?

602
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Return to Boundaries

Who is online

Users browsing this forum: No registered users and 5 guests