Extension v conservatory both encroaching

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Joined: Tue Sep 12, 2017 2:46 pm

Extension v conservatory both encroaching

Post by KittyCat21 »

Hi everyone,

Looking for some advice please on a situation we are in and suggestions for the best way to move forward.

We are faced with a dispute from our adjoining neighbouring property (semi detached).

Our neighbour has a conservatory (unsure how many years it has been there) and we have a rear single storey kitchen extension built under permitted development zone & under building regulations which was built 3 years ago.

Our neighbour informed us mid July of this year that they had concerns that because the garden boundary of our properties goes on an angle off from the house, that they thought the end corner of our extension encroaches onto their side. Before we had the extension, a fence ran up to the house wall and left them a slight space to be able to clean their conservatory and fully open their window. Now our extension is built, they cannot fully get to said side of conservatory or fully open their window. They organised and booked for a surveyor to visit and carry out a site survey at the end of July. Following their survey, they presented to us that our extension from mid way to the end of the build is wrong. We asked that if this is the case, what options would they be happy to consider to move forward. Our neighbours informed us that they are looking to sell within the next 3 - 5 years and they would be concerned that a surveyor or even potential buyer would notice the error, so the only option they would consider would be for us to alter the extension and step the extension wall in. Preferably the entire stretch of wall and not just the mid-end corner that's wrong.

We've since had our own survey undertaken and had their permission for our surveyor to visit their garden too. We have received back his survey and the findings are:

- At the mid way point of the build our extension starts to encroach onto our neighbours land and by the end of the build, our extension encroaches our neighbours land by 212mm (approx. 8.4"?)
- At the start of their conservatory structure, our neighbours conservatory encroaches our land by 62mm (2.4"?)

the above are actual structures that are encroaching, not accounting for guttering - this would be on top of the above.

The garden boundary is roughly made up by 3/4 hedges and the last quarter is fence panels. The fence panels are also in the wrong place and if it were to be 'put right', our surveyor has shown it would need to sit/start where the neighbours conservatory is (within the 2 inch where they are on our land). I do have 'before' photos showing where the fence panels used to sit before our extension was built and the photos do show that the fence was sat well into our garden and not on the boundary.

As it currently stands, the only outcome is that our neighbour wants us to alter our extension to ensure the 8.4" encroachment doesn't exist. They also want the fence to be correct (or look correct) for the purpose of when they come to sell. We haven't yet shared our surveyors findings with our neighbour.

Our extension has only been in place coming up to 3 years. Unsure how long their conservatory has been in place.

Any advice on the best way to move forward or any advice on the situation itself would be greatly appreciated. I am keen to keep communication with my neighbour but feel we need to seek some legal advise too?

Many thanks in advance.
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