Neighbours new exstentions roof tiles over hang and sit on my roof. Is this legal and ok?

[Rustyspoon]

Hi

Edited February 26, 2019 by Rustyspoon
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[Jeremy Harris]

Welcome.

 

I hate to say this, but it very much looks as if your roof is the cause of the problem, by being partly over your neighbours land.  They could have made you cut your roof back to the boundary line, as you've got no real right to have anything overhanging on to their land.

 

I'm not sure if you might, possibly, be able to claim that you had adverse possession of that narrow strip where your roof overhangs, but TBH I doubt it.  Might be worth getting a legal opinion, but the chances are that any such opinion may not be of any practical use to you.

 

Also worth looking in your title to see if you have a right of access for maintenance for that area, although I'm not at all sure that it would help much if you have, given that your roof unlawfully extends over on to your neighbours land.

 

The intrusion over your neighbours land should really have been picked up prior to purchase as an issue that needed to be resolved by the vendor, but given that it's only such a small intrusion it's easy to see why it wasn't spotted. 

 

I think all you can do is be thankful that your neighbour hasn't forced you to cut your roof back to where it should be, and try to manage things as best you can.

[Carrerahill]

19 minutes ago, Rustyspoon said:

Hi all, I hope someone can put me straight, I live in a semi detached house that I purchased 2 years ago it can with a rear extension that was built on the boundary line back in 1985 and has a rubber flat roof.  The corner piece of the roof hangs over the fence by about 1.5 inches. Nothing I can do about it. It was built like this. 

 

My my neighbour has had a rear extension built also right up to the boundary too with only a 1 inch gap. They have had a pitched roof fitted. 

 

The he problem is the roof tiles hang over my roof now by about 4 inches at the top and 2 at the bottom and actually sits on the corner of our roof. 

 

This is means I will struggle to maintain my roof if I need to as it’s sits on my corner and also prevent me from changing the the roof to also a pitched roof if I wanted to or if the next buyer wanted to 

 

I have spoken to my neighbours and the builder and they making me feel like I am being a nuisance, I also believe they may have to have served us a party wall agreement, but when I brought this ups they said they did not because there was a conservatory there before. I may add the extension is much bigger then a conservatory, 

 

They have also got cement down my wall that I had rendered last year spoke to the builder and got brushed off.

 

 

 

I think the first thing I would do, is look at the planning portal and get a copy of the plans, then see if it was clearly shown like this, if it was, and assuming you got the statutory planning notice, then you have no leg to stand on as you had the opportunity to look at it and object if you wanted. Your roof is 40mm over the boundary so it was perhaps noted and they chose to do the same, albeit a bit more than yours - give and take - fair is fair. Be careful, your neighbour might say OK - I will move my roof back, but you need to move yours as well and then you have just shot yourself in the foot!

 

If the plans show a much tighter roof to the wall then you have a bit of a case as the extension has not been build as detailed - it could be a case of the builder put up the extension then the roofers just sort of did their own thing and created that size of overhang, they could have done it much tighter, i.e. about 30mm had they used dry-verge units.

 

When you know the boundary wall was going up what did you expect to happen with the roof, was it discussed, did they suggest it would be tight to the wall? Do you need to do maintenance soon? Are you potentially just creating an issue?

 

As for adding a pitched roof to yours that would be easy, you would just get involved with your neighbour, tell them your plans, get the relevant permissions depending on your situation and remove their verge, with their written consent and match their pitch and tile type and tie your roof in identically to their roof - that would look really smart.

 

As for maintenance of your roof - well, it may be difficult at the corner but given it is a flat rubber roof I am sure it would be easy enough to get the downturn down the gap and seal it.

 

The builders mess on your house, yes fair enough, I would have them put that right and make sure you are satisfied. I am sure the neighbour and the builder now think you are being a nuisance but that it just what happens with things like this. 

 

 

 

 

Edited February 26, 2019 by Carrerahill

[Temp]

Neither roof should overhang the boundary without permission from the other side. So you both appear to be in the wrong. It makes no difference that yours was built first.

 

Personally I wouldn't worry about it too much. If/when your roof needs replacing I would ask the neighbour if you can "cut some (lead?) flashing into their wall to ensure rain water won't penetrate their wall". 

 

 

 

 

Edited February 26, 2019 by Temp

[Rustyspoon]

..

Edited February 26, 2019 by Rustyspoon
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[Temp]

Looking at all the images it appears they may have built the wall upto the boundary, then filled in the 1" gap at your roof level, then built the overhang. Is that correct or is the brick wall itself 1" on your side?

 

Edit: it's hard to see how the wall can be on your side if your roof overhung the boundary.

 

Edited February 26, 2019 by Temp

[Rustyspoon]

Hi

Edited February 26, 2019 by Rustyspoon
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