our builder built extension onto neighbour's land

our builder built extension onto neighbour's land

Postby bugfoot » Sun Apr 03, 2016 2:42 pm

Hi all, I'm new to this forum so please bear with me.
We had an extension drawn up by an architect that would fall under permitted development rights (single storey at the back, the whole width of the house, which means part of the foundation on neighbour's land). The plans clearly show that no overhang was designed that would be in our neighbour's garden. Before we started with the build I went to the neighbour, discussed the plan and they had no concern and happy for us to go ahead. No Party Wall Agreement was done, the architect felt this wasnt necessary.
The extension is now nearly completed, only finishing internal bits, and our neighbour came over the other day saying that our roof is in their airspace, which we hadnt noticed (you need to stand in the back of the garden, but it's clear there - its off by approx 5 inches!) Our neighbour said it didnt bother them but might be an issue for the housing association they are renting from - we had no idea up until that point that this was not their house :(

I brought this up with the builder, and he said it shouldnt be an issue, it was best not to proactively ring the housing association and just leave it as it is. Needless to say, I'm not keen on this advice because the builder will be out of the picture soon and it will be up to us to tidy up the mess if/when it gets discovered. According to the builder the council inspector has already approved the building and roof and only needs to do one final visit to sign off the extension.

Obviously, in retrospect I feel stupid for not having done the PWA and for not realising that our wall extended into the neighbour's garden!!

At the moment I feel I should discuss this with the neighbour's housing association and not pay our builder until a resolution has been found.
Please could I have your thoughts on what to do next and what the likely scenarios could be at the end of the day??
Thank you so much for your help!
bugfoot
 
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Re: our builder built extension onto neighbour's land

Postby MacadamB53 » Sun Apr 03, 2016 8:02 pm

Hi bugfoot,

its not clear (to me at least) who has made the gaff - has it been built to plan or not?

Kind regards, Mac
MacadamB53
 
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Re: our builder built extension onto neighbour's land

Postby Collaborate » Sun Apr 03, 2016 10:10 pm

If it is the fault of the builder, they need to sort it out. That means getting a legally drawn up easement granting you the right to have your building overhang your neighbour. If you trust they'll not notice, and after 6 years they do and you're made to tear it down, you'll be out of time for suing the builder.

Don't pay them until it's sorted, subject to, as Mac points out, it being their fault and not the fault of anyone else.
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Re: our builder built extension onto neighbour's land

Postby bugfoot » Mon Apr 04, 2016 12:55 am

Hi both, thank you for taking the time to look at this!! The extension was never designed to go onto our neighbours land, it was purely the mistake of the builder. So it looks like getting an easement would be our best hope to sort things out. Just out of curiosity - would a court ever rule to have the extension torn down over the 5 inches? From other posts I've seen it seems unlikely, but we'll obviously have to deal with whatever happens... thank you for your help!
bugfoot
 
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Re: our builder built extension onto neighbour's land

Postby Collaborate » Mon Apr 04, 2016 7:42 am

If they challenge it as soon s they;re made aware of it then yes, the court may well order it be taken down.

Why should you assume the risk anyway? It should be the builder's risk.
Collaborate
 
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