Extension wall built too close?

by Readers Question

13:34 PM, 19th October 2020
About a month ago

Extension wall built too close?

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Extension wall built too close?

Hi, I own a 4 bed detached on a street built in the 60’s. On facing the houses each has a path of about 6ft between them BUT the path is owned by the house to the right up to the walls of the house to the left..

My neighbour has built a wrap round extension (no issue) BUT he has now started to build a wall (which I think is going to actually turn into a storage area the length of his house) which abuts right up to the exterior wall of my property. He has left just a tiny gap (around 2cm) but this means that if I have issues with this wall (ie damp) or want t0 to repaint it I cannot get to it at all. I had been hoping to re-render it in the next 2 years but this will be impossible.

I am aware of what he has done because I know the builder who rang me and told me what was happening and the builder said he had told the houseowner he could not attach any structure to my wall without my permission which is why there is the tiny gap. I had this issue with his grandfather who previously owned the house who had built a lean-to over this path physically attached to my wall and was storing items against my wall which caused damp issues and on the threat of legal action at that time meant he removed the wall.

However, the latest works are not attached to my wall. Does anyone know if I can do anything as eventually there will be a real need for a render or repointing of bricks on my wall?

Jackie


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Comments

MoodyMolls

14:15 PM, 19th October 2020
About a month ago

I would speak to party wall surveyors and ask your neighbour for the party wall agreement

TrevL

20:25 PM, 19th October 2020
About a month ago

If there are windows in the wall he may also be breaching you right of light....

Lindsay Keith

10:42 AM, 20th October 2020
About a month ago

Elementary stuff?
Speak to neighbour
Look at the conveyancing plans
if a dispute, agree a surveyor to look and say where the property lines/boundaries go?
Please don't go to court, it costs a fortune and more in neighbourhood relationships?
I was a solicitor who didn't do conveyancing and declined to take specifically equity release (the next PPI?) and neighbour disputes.

Jane rees Rees

11:07 AM, 20th October 2020
About a month ago

We have a similar problem currently. We have been advised that the land could be ours due to adverse possession. We are trying to avoid a legal dispute at all costs so have put nothing in writing and trying to sort it amicably. We have also looked at the title deeds downloadable on the government website and the neighbour has had a surveyor round to advise on the lines.

On a separate occasion, in the past, a neighbour with a personal vendetta insisted on a party wall dispute, the consultant was actually very useful as they look at everything objectively and act as the go between, saving any long term legal wrangling.

Hope it gets sorted out.

Binks

11:29 AM, 20th October 2020
About a month ago

Sorry to say but your neighbour and their builder seem to be acting like cowboys. You need to give a consent in writing if someone is digging in such close proximity to your foundations. A builder simply “calling you to say it’s happening” is not sufficient. Your neighbour should have served you with a party wall notice. Saying that, you still couldn’t prevent them from building, but you could insist on a Party Wall agreement (at your neighbour’s cost) if you want to ensure you are properly protected.

Ron H-W

11:30 AM, 20th October 2020
About a month ago

You mention a path.
Do you, by any chance, have a right to use that path?
(Whether written up in any convenant or T&Cs etc OR by long-established use)
Because, if so, he cannot just "extinguish" that path!

Freda Blogs

11:45 AM, 20th October 2020
About a month ago

In addition to the advice given above, I would add that if you have a party wall surveyor, do not agree to have the same one. I had a situation where I agreed to share 'my' PW surveyor with the offending neighbour who was building - who was much more troublesome to him, to my prejudice. Have your own PW surveyor, which is at the neighbour's cost.

colette

18:05 PM, 20th October 2020
About a month ago

Thank you all but there seems to be a misunderstanding. It is not a "party wall", the path belongs to him but follows the line and abuts directly onto my house outside wall and he is building what seems to be a 6ft storage area the length of my wall (and path) but the breeze blocks he has used are all on his land, leaving just around 2cm space so he has deliberately not adjoined my wall BUT should I need to work on my wall I would not be able to as he has built so close to it.

colette

18:08 PM, 20th October 2020
About a month ago

Reply to the comment left by MoodyMolls at 19/10/2020 - 14:15
Thanks but as stated it is not a party wall, it is 2 detached houses and he is building what appears to be a storage area the length of each house only 2cm from my wall.

colette

18:11 PM, 20th October 2020
About a month ago

Reply to the comment left by Lindsay Keith at 20/10/2020 - 10:42
Thank you but I wanted to gauge some knowledge from anyone in a similar situation before approaching the neighbour and paying for legal advice (if needed). We do not share or have a party wall and I am not sure why this is being referred to unless him building so close to my wall means it becomes a type of party wall?

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