built extension over the boundry by 100mm, need advise

[pee1]

HI

I'm having a single storey rear extension on my semi detatched house.

My planning permission shows my extension being built just inside my boundry, i have built 100mm over my boundry onto my neighbours land, we are having an agreement made up by a surveyor to say we are both in agreement about my extension on his land and if he want to use my extension wall in the future he can without paying me.

Can the council ask me to knock the extension/wall down because it has gone over the boundry onto my neighbours land???
(my planning permission is for me to build just inside my boundry, i have built over the boundry by mistake).

thanks for your advise

 

[noseall]

Oh dear.

This could be one messy can o' worms.

I'm having a single storey rear extension on my semi detatched house.

"Having"...does this mean it is not built yet?

 

[Jackrae]

You and your neighbour know where the boundary is - does your planning department? They might measure things and notice it's slightly larger than the approval.

If so there are three possibilities

a) they may chose to ignore (not a typical jobsworth technique)
b) they may request retrospective submission of planning application
c) they may insist on compliance with original approval

However, possibly more problematic is you and your neighbours title of ownership. If your neighbour sells his house the new owners might become a problem unless the "sale" of 100mm of ground has been legally formalised.

 

[^woody^]

You won't have built across the boundary if the boundary is [moved] along the edge of the extension

It's a technical breach which would only require a further application, but in real terms, the planners will probably never know

You have merely constructed a shared party wall, so as long as the neighbour is in agreement, then all is well.

 

[pee1]

the shell and roof is finished.

looking at my planning permission it's ment to be:

5355mm wide internally + 300mm left wall + 300mm right wall =
total of 5955mm

so planning permission is for 5955mm total width of extension,
i have built 6070mm.

so i have built 115mm wider then my planning permission, 100mm of this is on my neighbours land for witch a surveyor is drawing up an agreement.

thanks for replies and advice

 

[tony1851]

Be prepared for the knock on the door at 3am as a team of council workers appear brandishing picks and hammers and reduce your extension to rubble. That would teach you a lesson - you wouldn't go building on someone else's land again without getting permission from the council.

 

[freddiemercurystwin]

Joking aside there have been plenty of threads on here where one neighbour has moved or for some odd reason (we never seem to learn of ) the neighbourly relationship turns sour and low and behold it turns into a boundary dispute. Unless its been changed on the deeds then no agreement will be worth a bean.

 

[tony1851]

Agreed, but if someone builds over the boundary, and the adjoining owner does nothing at the time, it is usually difficult for them to try and get an injunction for tresspass later on.

I knew of a case some years ago on our road where the tresspass of a wall was only 2", yet the aggrieved neighbour - sometime after - wanted the extension wall down and rebuilt 2" further back. Apparently all he got was costs and nominal damages.

But if the OP's worried about the council....

 

[pee1]

Thanks for replies.

Should I be worried?
If yes, what about?

Thanks

 

[tony1851]

NO!!!

 

[freddiemercurystwin]

Just keep in with the neighbours. But if it does ever kick off tell 'em some bloke off a forum said it'd be ok.

 

[^woody^]

An agreement with the neighbour (documented), is as good as any amendment to the deeds

 

[noseall]

Why bother with planning, why bother with boundaries if it is as simple as you guys are saying to just crack on and build where and how you like.

I would be very worried. Not only is the the building larger than you have demonstrated on the drawings, but have gone and advertised it by making it bigger on someone elses land.

I would be making one heck of a fuss if you were my neighbour and rightly so. If things turn bad between you and whomever lives next door then you could have a very protracted argument.

I personally think the situation is barmy i.e. building an extension "by mistake" on your neighbours land. Mistake my erse! How do we know that you are not a land grabbing bully?

 

[pee1]

I actually have left a 6'' gap between his extension and mine but still I'm on his land by 100mm.
I was a genuine mistake .

 

[rjm2k]

I can just imagine the matching thread "my neighbour has built an extension on my land what do I do?"