Extension encroachment

Extension encroachment

Postby dawniecarl » Wed Mar 08, 2017 4:10 pm

My mum lives in a terraced property (the house on the left in the photos). The next door neighbours (painted white on photos) had an extension built in 2010/11. At the time, they asked if they could build up to the party wall which she agreed to. They explained this to her as they would be building up to the boundary rather than leaving a small gap. My mum had no problem with this. Once built, it has gone way beyond that. The top part of the extension appears to have actually been built on top of my mum's outhouse roof! A couple of rows of her tiles have been removed along with the ridge tiles to do this. The full extent of it wasn't seen until a few months ago when our old fence on our side of the wall was taken down. We could then see that the soffits and the roof all the way along comes way over the boundary. The fibreglass roof was added a few years on, which seemed to increase the encroachment again at the top.
In addition, the worry is the crack in our wall next to where they have put the flashing in. On raising our concerns, they have told us we need to get a structural engineer's report to prove that caused it. It all feels very unfair. My mum is a pensioner and can't really afford to being doing all this.
We have already seeked legal advice on this and he agreed that the extension goes well over the boundary. Having said that, it doesn't look like any easy case to get it removed. Any advice/experience/thoughts of this kind of thing please?
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Re: Extension encroachment

Postby jonahinoz » Wed Mar 08, 2017 6:54 pm

Hi,

As somebody with a "little learning", I wonder if ESTOPAL would prevent your mother raising an objection this late after the event. On the other hand ... if she was unable to see what was going on until recently .....

I'm guessing that your mother's neighbours did not bother about the Party Wall Act, nor building insurance?

Are the houses terraced? Not that I know if it would make any difference. The four years have passed, so the building is entitled to stay, but it's another three years before it USE cannot be prevented.

John W
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Re: Extension encroachment

Postby MacadamB53 » Wed Mar 08, 2017 9:17 pm

Hi dawniecarl,

where is the "before" photo please?

Kind regards, Mac
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Re: Extension encroachment

Postby mugwump » Wed Mar 08, 2017 10:01 pm

Also a view looking at the end of the outhouse, maybe showing the boundary wall as well
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Re: Extension encroachment

Postby dawniecarl » Fri Mar 10, 2017 11:55 am

This is the bottom end. I'll take a photo of this from the bottom of the garden too later today. At the bottom of the photo, you can just seen the small wall that divides the 2 gardens which we would consider to be where the boundary is. Where the red bricks are lighter on the wall, that is the back of my mum's outhouse. They had a similar outhouse with a wall at the back. They have knocked this down and had the extension built and appear to have built on top of my mum's building! I'll get another photo. I don't have a before photo of ours I'm afraid but can provide one of similar properties and how they were built. They are all the same.
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Re: Extension encroachment

Postby MacadamB53 » Fri Mar 10, 2017 12:34 pm

Hi dawniecarl,

you mum is claiming that a crack in her wall was caused by her neighbour building himself an extension.

I don't have a before photo of ours I'm afraid

what is the claim based on then? her say so?

this is why the neighbour has made the reasonable suggestion that an expert take a look.

Kind regards, Mac
ps whether it's caused the crack is a separate matter to whether it encroaches - the latter is self-evident
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Re: Extension encroachment

Postby dawniecarl » Fri Mar 10, 2017 1:13 pm

Yes, agreed. They have more or less said prove it. We don't know ourselves that it has caused it for sure but only that these are old terraced houses and the stones are very hardwearing! It would be coincidental that there's a big crack from where their extension ends. I can see it's going to cost my mum a small fortune to fight this. I can't believe how lax the law seems to be on someone building right over your boundary.
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Re: Extension encroachment

Postby MacadamB53 » Fri Mar 10, 2017 1:39 pm

Hi dawniecarl,

has your mother spoken to her insurers yet?

Kind regards, Mac
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