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My extension & my neighbour


Gummo

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Let the Council deal with that situation if and when it happens. With the vast amount of advice you have received here and other forums, you’re pretty much armed with as much as you can for if and when the neighbour does go through with it.

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I'm sincerely indebted to all the sound advice if received and I'm going to need all of it.  The only loose end is that there are some differences of opinion im establishing the boundary line and it's consequences for whether my wall is a party wall.

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I have seen that mentioned. Surely your side wall did not straddle the boundary line so your wall is solely within your boundary? The eaves and gutter may overhang but ignore that for the time being. Irrespective of the PWA, a neighbour cannot connect to or use a part of your wall without your consent. The way they’d get around this would be to build a separate and therefore independent wall, which would run parallel with yours. The excavations for that wall may indeed trigger requirements under the PWA.
 

Do you have a photo from the garden looking back towards the house?

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6 hours ago, DevilDamo said:

The way they’d get around this would be to build a separate and therefore independent wall, which would run parallel with yours.

Indeed. Potentially within a few centimetres of it, meaning neither of you would be able to easily access your walls for maintenance in future.

 

That would put me off buying your house much more than whether or not the neighbour had inserted a few bolts in your wall.

Edited by Mike
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21 hours ago, DevilDamo said:

I have seen that mentioned. Surely your side wall did not straddle the boundary line so your wall is solely within your boundary? The eaves and gutter may overhang but ignore that for the time being. Irrespective of the PWA, a neighbour cannot connect to or use a part of your wall without your consent. The way they’d get around this would be to build a separate and therefore independent wall, which would run parallel with yours. The excavations for that wall may indeed trigger requirements under the PWA.
 

Do you have a photo from the garden looking back towards the house?

There is no garden - we both have concrete yards which are about 137cm (54") wide with 9 steps up to the back gate.  Beyond planning service and council's. influence, the bottom line for me is the surety that he can't carry out works to my wall without my permission.

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On 10/05/2020 at 11:01, DevilDamo said:

I mentioned the garden as the place to take a photo of the rear of the houses to identify the boundary line. Do you have a photo of the rear from the yard or behind the gate?

Posted.

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I'm assuming your house is the cream rendered bit. If your land genuinely goes up to your neighbour's gate then no part of your property overhangs his land and you actually own a narrow strip of land underneath the gutters of the extension, but I think you would be wise to take a few measurements and be 100% certain that no part of your extension overhangs his property before you get into a dispute.

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4 hours ago, DevilDamo said:


Thanks but doesn’t really help much ?


Ha-ha, you asked for it.  One with the gate open would need to be accompanied with the Mission Impossible theme.

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Oooh! So the gate is solely access to their property? Didn’t realise and thought there was some kind of shared or dual access to each property. Tbh, the additional photo is probably irrelevant anyway. Just wait and see if they decide to proceed with the works in the future and contact the Council as and when that happens.

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16 hours ago, DevilDamo said:

Just wait and see if they decide to proceed with the works in the future and contact the Council as and when that happens.


I'll mention it the next time I bump into him and ask him to show me exactly what he plans to do (before he engages someone to do plans).  If he says he definitely intends to attach to my wall, I'll have to turn him down as gently as possible.

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41 minutes ago, Gummo said:

It's his.

If its his chimney and his aerial it looks like your gutters and fascia and maybe foundations might be on his side.

 

Just a thought, but how are you going to proceed if you say no, don't attach to my wall and he then says, ok get your gutters and fascia off my land and btw, you cannot discharge your roof water onto my land either!? So be 100% sure that your extension is on your land only before you start. Either way at some point you'll want to be in his yard to paint your render.

 

You have no overlooking issue thanks to your extension.

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19 hours ago, joe90 said:


wow, that looks like “you’re “ wall is on his land.?.? Party wall?

Others say that the centre-line of the chimney is the boundary.

Edited by Gummo
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19 hours ago, bassanclan said:

If its his chimney and his aerial it looks like your gutters and fascia and maybe foundations might be on his side.

 

Just a thought, but how are you going to proceed if you say no, don't attach to my wall and he then says, ok get your gutters and fascia off my land and btw, you cannot discharge your roof water onto my land either!? So be 100% sure that your extension is on your land only before you start. Either way at some point you'll want to be in his yard to paint your render.

 

You have no overlooking issue thanks to your extension.

The water from his gutter runs onto mine and is released via the downspout on the other side of my extension.  The only indicator of the boundary-line, according to some people, is that it's the centre-lineof the chimney.

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IMO, if it’s his chimney, the chimney breast will be in his rooms, party wall will be roughly 9” brickwork so boundary is 4 1/2 “ from your side of chimney line!!!!, anyway I would not be happy with fixings in my wall which could lead to damp issues.

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