Extension Breached Boundary

[ExtensionWoes]

Hello everyone

 

looking for a bit of guidance - we started building a single story extension to the rear around 14 months ago (flat roof, permitted development based in Scotland).

 

the neighbours have recently said that they feel the extension is over the boundary by about 4 inches. Looking from their side, I’m almost in agreement with them - the only boundary referenced in the deeds are washing line poles which have not been crossed. But as it’s a terraced property - if you were to drill a hole from their property, I think it would end up somewhere in our cavity.

 

I don’t particularly want to get into a protracted disagreement or drag through the courts - so my question is: how feasible is it to move the wall (+ extend the foundations) by around 4-6 inches?

 

Is there any alternative to this? I.e purchasing the land that is crossed over 

 

and do we have any recourse with the builder? Im not necessarily expecting them to foot all the costs, but they determined where the boundary was based on where they felt the ‘joint’ between the properties was (this turned out to be a line which was created by an overflow pipe from the neighbours property!)

 

thanks in advance for any guidance or suggestions - for clarification this is in Scotland therefore party wall agreements are not suitable from what I understand.

[nod]

The simpler option would be to speak to your neighbor and offer some cash 

It’s a big job to move everything and your neighbor probably doesn’t want the disruption either 

[ProDave]

That is unfortunate.  It is a shame the neighbour did not notice earlier, very much earlier.

 

It is not difficult to locate a party wall accurately, usually measurement from a door or window on the back wall that can then be measured on the outside.  Have you (or the builder) done that to be sure it is over?

 

If the builder has built the wall following the exact line of the party wall then the outer edge of the wall will be about 4" onto the neighbours land.  If a party wall agreement applied then you would have either agreed to build the wall entirely on your land, in which case the aparent line of the wall would step inwards when viewed from inside your house, or you will have agreed to build it on the line of the party wall, in which case if your neighbour wanted to extend they could join onto that new wall.

 

Agreed with above, this late knocking it down and rebuilding would be very expensive.

 

First get the facts about exactly where the wall is built and by how much it is trespassing before discussing with the neighbour.  They might just accept it is on the party wall line and they could join onto it if they wanted, it would be if the entire wall was over the boundary that things would get really messy.

 

Was there no fence there marking the boundary before the extension was built?

[ExtensionWoes]

Thanks nod & ProDave

 

Likewise agree it would’ve been simpler if they raised the concerns earlier - we asked them throughout the build if they had any concerns, although not specific to the boundary.
 

Whilst there was a fence, it was significantly over the boundary into our property. This really should’ve been an indicator to us to specifically discuss the true boundary but alas, we didn’t (lesson learned).

 

If we go down the route of ‘paying off’ the neighbour - I’m assuming we’re better off instructing a solicitor to formalise this? Wouldn’t want it to bite us again in future 

 

thanks

[markc]

If there was an existing fence and it had been there a while, that would have been the assumed and accepted boundary

[Temp]

9 hours ago, ExtensionWoes said:

the only boundary referenced in the deeds are washing line poles which have not been crossed

 

Are they on this boundary?

 

Do the neighbours want to build a matching extension? You could allow them to build off the leaf that's on their side. 

[Temp]

9 hours ago, ExtensionWoes said:

I don’t particularly want to get into a protracted disagreement or drag through the courts - so my question is: how feasible is it to move the wall (+ extend the foundations) by around 4-6 inches?

 

My builder said you can build anything given enough money. What's the construction? If its block and block with outside rendered it might be possible. I'm thinking build a new inner leaf (on a beam if the foundations aren't wide enough?), demolish the existing outer leaf and render what is now the new outer leaf. Make sure to sort out the thermal bridge at corners. 

[Temp]

6 hours ago, ExtensionWoes said:

If we go down the route of ‘paying off’ the neighbour - I’m assuming we’re better off instructing a solicitor to formalise this? Wouldn’t want it to bite us again in future

 

You could either buy a strip of land or buy an agreement/permission for the encroachment. I'd discuss the situation with your solicitor.

 

If the wall was entirely on your side of the boundary the neighbour would have no right to build their own extension off your wall as it wouldn't be a party wall. Eg They would have to build their own cavity wall entirely on their side taking up at perhaps 300mm of space. So there is some room for negotiation if they want to build their own. For example if they give you permission  for the encroachment you could agree it's a party wall allowing them to build off,  saving them probably 150mm.

 

 

[ProDave]

Perhaps some pictures to put this into context, particularly if they also show these line posts?

[ExtensionWoes]

3 hours ago, Temp said:

 

You could either buy a strip of land or buy an agreement/permission for the encroachment. I'd discuss the situation with your solicitor.

I think this sounds like a reasonable solution but yeah, will need to consult with a solicitor to make sure it can’t be rescinded down the line.

 

The construction is blocks on the external wall, with a timber frame internally (hopefully that makes sense!)

 

 

4 hours ago, Temp said:

Do the neighbours want to build a matching extension? You could allow them to build off the leaf that's on their side. 

I think this is a good point I can make to sweeten the deal

[ExtensionWoes]

10 hours ago, markc said:

If there was an existing fence and it had been there a while, that would have been the assumed and accepted boundary

This is one of the issues, the old fence was poorly built and parts were way over the boundary in my neighbours favour (from our window, we had some posts that were on the same line - I.e approx 6 inches over the boundary)

 

I feel the washing poles are the best and most accurate reflection of the title deed boundary - which we absolutely have not crossed

[ExtensionWoes]

2 hours ago, ProDave said:

Perhaps some pictures to put this into context, particularly if they also show these line posts?

They told us a few days before we went on holiday and despite trying not to think about it, it’s been firmly on my mind! Back on Thursday evening so will get some photos and upload here Friday.

Just to also say - thanks everyone for your input so far, giving me a lot to think about and some options to discuss

 

[Mike]

On 10/07/2023 at 18:34, Temp said:

If the wall was entirely on your side of the boundary the neighbour would have no right to build their own extension off your wall as it wouldn't be a party wall. Eg They would have to build their own cavity wall entirely on their side taking up at perhaps 300mm of space. So there is some room for negotiation if they want to build their own. For example if they give you permission  for the encroachment you could agree it's a party wall allowing them to build off,  saving them probably 150mm.

I once did exactly that, albeit with the neighbours agreement in advance.