Neighbours Conservatory is soon to be new boundary fence

Neighbours Conservatory is soon to be new boundary fence

Postby levtweeney » Sat Oct 04, 2008 6:17 pm

Hi all

Newbie here so be gentle :D

My neighbour wants to build a conservatory right on our boundary. We both live in ex council terraced properties and do get on quite well

My neighbour called me around his house yesterday to show me the plans and they show that the conservatory guttering and some of the facia will be in my air space. I saw the planning report which also stated this. I really do not want to fall out with neighbour but do NOT want to have what seems to be a large conservatory hanging over our property.

The conservatory will be directly next to our living room (Exactly where the fence hits the wall) and will be very noticeable so even a couple of inches would be really a big issue. There is just 2 and a half bricks between the properties. My neighbour told me someone was going to be writing to me soon reference this. I think this may have some relation to Party Wall Planning.

Am I legally entitled to ask him not to have any part of the conservatory hanging over my land?

If he removes the fence does he, by law have to replace the old one?

What is the rules regarding the conservatory due to the fact it will be, to all intense and purposes the new boundary between the two properties. We have young kids and what happens if a ball hits the glass?

Am I allowed to put up a high (6ft) fence to block out his conservatory from view (On my side of the property)?

I tried to put up some images but I could not do it :cry:

Thanks in advance for any advice

Kind Regards

LevTweeney
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Postby HS » Sat Oct 04, 2008 8:48 pm

From what I've read on here, no they can't have anything overhanging your airspace, and yes you can put up a fence.
Do you know who is responsible for the existing fence?
I don't know why people try it on so much - at least they're talking it through with you. Be prepared for fallings out though if you don't agree to what they want!
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Re: Neighbours Conservatory is soon to be new boundary fence

Postby andrew54 » Sun Oct 05, 2008 9:11 am

levtweeney wrote:Am I legally entitled to ask him not to have any part of the conservatory hanging over my land?
Yes, you can demand that he has nothing overhanging. Put this in writing to him. If he says he will do it anyway you could apply to the courts for an order to prevent him. Once he puts the conservatory up it will be very difficult to get it taken down.

levtweeney wrote:If he removes the fence does he, by law have to replace the old one?
No. If it is his fence he can just remove it. If it's your fence he can only do what you give permission for.

levtweeney wrote:We have young kids and what happens if a ball hits the glass?
Then he could claim new glass from you. Your ball should not stray onto his glass.

levtweeney wrote:Am I allowed to put up a high (6ft) fence to block out his conservatory from view (On my side of the property)?

Yes. It can be up to 6' 6" high without planning permission. You can just do it.
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Postby Janie & Allen » Mon Oct 06, 2008 11:21 am

Personally, I would not allow this.

If you (or a future owner) wanted to extend in future, you would run into trouble with his property in your airspace.

I can understand they want to maximise the room, but they must do so fully in their property, IMO. How are they going to fit the guttering etc? With scaffolding or ladders in your garden? Doesn't sound right to me, and I wouldn't allow it in my garden.

Check for free legal cover.

A
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Postby levtweeney » Sat Oct 11, 2008 9:32 am

Thanks for the replies everyone

Does my neighbour have to send me any information in the post stating what he intends to do? I have recieved nothing but he did inform me verbally what he intended.

I want to object formally but not sure how to do it without falling out with them. I do not want to send a letter as it may seem a little cheeky this early on.

I went out in to the garden and looked on the wall and there are fresh scratches on the wall on the boundary line and it looks like they are wanting to go ahead. The party wall act states they need to give us 1 months notice and this is week 2 after his verbal chat.

Would contacting my local authority be a step in the right direction?

Thanks again for any help

Kevin

P.S. Why can't people be sensible about stuff like this? :?
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Postby andrew54 » Sat Oct 11, 2008 10:30 am

levtweeney wrote:Would contacting my local authority be a step in the right direction?


No. This matter is nothing to do with your council.

I think you have to discuss this more with the neighbour. Then you choose, all-out war with the neighbour, or help him to do it as quickly and neatly as possible.

Remember the party wall act is intended to help him to build, not intended to help you. And remember that many people don't bother to use the act and they get away with it.
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Postby levtweeney » Sat Oct 11, 2008 10:45 am

Thanks for the reply Andrew

If it turns out bad and he totally ignores the fact his guttering will go over my airspace then what would be my first step in trying to stop him build his conservatory in this location?

Regards

Kevin
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Postby andrew54 » Sat Oct 11, 2008 1:06 pm

levtweeney wrote:If it turns out bad and he totally ignores the fact his guttering will go over my airspace then what would be my first step in trying to stop him build his conservatory in this location?



Start with a letter to him now telling him that the plans seem to indicate that the gutter would have to be on your land. Tell him you will not allow this.

When builders move on site talk to the boss, explain that you will not allow the gutter in your airspace.

The only real way to stop this is a court order, but the courts will not be happy if they think you are using a sledgehammer to crack a nut. And it's very tricky to know just when to take court action. Too early and the court will say the neighbour has done nothing wrong. Too late and the court might think it is not reasonable to expect demolition.
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Postby despair » Sat Oct 11, 2008 3:04 pm

Your neighbour also should apply the Party Wall Act

he CANNOT put foundations under your land or build that wall up to the boundary without it

INSIST on a PWA award and that he pays for you to have your own surveyor

On no account allow gutters etc over your airspace
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Postby Janie & Allen » Mon Oct 13, 2008 5:17 pm

Has he applied for planning permission, or is it under permitted development?

If it's planning, I'd object to them that he isn't using PWA, and he plans to trespass. His plans are not right, end of story.

A
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Postby teeny » Mon Oct 13, 2008 10:18 pm

[quote="Janie & Allen"]Has he applied for planning permission, or is it under permitted development?

If it's planning, I'd object to them that he isn't using PWA, and he plans to trespass. His plans are not right, end of story.

:D Planning are not interested in the PWA. You do not have to own the land to apply for planning permission.
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Postby andrew54 » Tue Oct 14, 2008 12:10 am

teeny wrote:
Janie & Allen wrote:Has he applied for planning permission, or is it under permitted development?

If it's planning, I'd object to them that he isn't using PWA, and he plans to trespass. His plans are not right, end of story.

:D Planning are not interested in the PWA. You do not have to own the land to apply for planning permission.


teeny, this is confusing. Why can't you do quotes like the rest of us?
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Postby Caddie » Tue Oct 14, 2008 9:14 am

I expect that teeny has tried to use the quotes and found that they don't always work as expected. That is my experience.
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Postby teeny » Tue Oct 14, 2008 11:27 am

Spot on, I can't get it to work. Tell me how to do it.

cheers
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Postby WILL*REMAIN*STRONG » Tue Oct 14, 2008 12:14 pm

teeny wrote:Spot on, I can't get it to work. Tell me how to do it.

cheers


When quoting keep the original format, so if cutting out some of the post to quote a few words, keep the before and after quotes the same. If quoting the entire post, you just write underneath or above.

Example: [quote=”name”] at the beginning and [/quote] at the end.

I hope that makes sense, I don't usually. :)
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