My extension & my neighbour

[^woody^]

Do you reckon that the centre-point of the chimney would satisfactorily indicate the boundary line?

The boundary line is the centre of your party wall. Whether that is the same as the chimney, you will need to check

Your photo and the plan image show your extension wall and chimney in different places

If, going by that photo, your extension is on the boundary, then your eaves and gutter are overhanging the boundary, so you may want to keep quite about boundaries

 

[johnny2007]

The boundary line is the centre of your party wall. Whether that is the same as the chimney, you will need to check

Your photo and the plan image show your extension wall and chimney in different places

If, going by that photo, your extension is on the boundary, then your eaves and gutter are overhanging the boundary, so you may want to keep quite about boundaries

Exactly.
How long ago was your extension built?
You're trespassing into his property by the look of it, so if your extension is recent enough, maybe you should find a compromise, for example discuss the plans with a structural engineer to make sure it's not going to damage your extension.
These boundary disputes are long winded and can be expensive.
Always better to find an amicable agreement.

 

[Gummo]

Your photo and the plan image show your extension wall and chimney in different places

I've fixed the diagram - I'd originally inserted the chimney without specific location - I've now placed it in its accurate location since someone mentioned that it would have a bearing in ascertaining the boundary line.

If, going by that photo, your extension is on the boundary, then your eaves and gutter are overhanging the boundary, so you may want to keep quite about boundaries

So the eaves would make the wall a party wall?

 

[^woody^]

So the eaves would make the wall a party wall?

No. See my previous post.

 

[Gummo]

How long ago was your extension built?

1981.

 

[Gummo]

No. See my previous post.

So, to be categoric about the boundary line, I need to know the thickness of the party wall in the old part of the house?

 

[oldbutnotdead]

Looking at your plans (the first pic you posted), unless your terrace is very unusual then the wall of your extension is inside your property (the guttering etc are overhanging but you've long acquired a flying freehold for that lot- 39 years!). So your neighbour has no right to attach anything to that wall & you might be as well to inform him of that fact in writing (have a look at your insurance policy, if you've got legal help included then give them a ring). If it was just a washing line then you might be accused of nit-picking but a roof or deck could impose loads that the wall was not designed to take never mind causing a nuisance to you.
Bonus of getting in first (by notifying him in writing- usual deal is send via recorded delivery so recipient can't deny the existence of the notice though CPR don't require it) is if he does then start works and it ends up in court or arbitration he can't claim ignorance of your wishes....that sort of structure can be thrown up very easily over a bank holiday weekend & without your letter you'd find it much harder work to get any remediation.

 

[johnny2007]

the guttering etc are overhanging but you've long acquired a flying freehold for that lot- 39 years!). So your neighbour has no right to attach anything to that wall & you might be as well to inform him of that fact in writing (have a look at your insurance policy, if you've got legal help included then give them a ring

Best advice

 

[Gummo]

Looking at your plans (the first pic you posted), unless your terrace is very unusual then the wall of your extension is inside your property (the guttering etc are overhanging but you've long acquired a flying freehold for that lot- 39 years!). So your neighbour has no right to attach anything to that wall & you might be as well to inform him of that fact in writing (have a look at your insurance policy, if you've got legal help included then give them a ring). If it was just a washing line then you might be accused of nit-picking but a roof or deck could impose loads that the wall was not designed to take never mind causing a nuisance to you.
Bonus of getting in first (by notifying him in writing- usual deal is send via recorded delivery so recipient can't deny the existence of the notice though CPR don't require it) is if he does then start works and it ends up in court or arbitration he can't claim ignorance of your wishes....that sort of structure can be thrown up very easily over a bank holiday weekend & without your letter you'd find it much harder work to get any remediation.

What the significance of the 39 year time-span?

 

[johnny2007]

What the significance of the 39 year time-span?

You've acquired unenforceable rights, so your neighbour cannot complain about your extension trespassing onto their property.
It's a good thing for you.

 

[Gummo]

You've acquired unenforceable rights, so your neighbour cannot complain about your extension trespassing onto their property.
It's a good thing for you.

Do you know where I can access written evidence of this in case I need to present it to him?

 

[johnny2007]

Don't need to.
If he wants to argue this point he will have to seek legal advice and spend his time and money.
In writing, tell him you do not authorise any kind of structure, temporary or permanent to be fixed to your wall.
Then he will be his call to do the wrong thing.
However, as I always say, try to find an amicable solution.
Firstly you don't want a peed off neighbour, secondly, if you find a smart ass ha could build a wall 4 inches from yours, creating a rubbish collection gap permanently wet.
You would get uncurable damp as there would be no access to your external wall.
Some people might argue that he needs to step back from your property.
Not so straight forward.
Once the wall is up (1-2 days), it would be another complicated dispute.
Try at all costs not to reach that point.
Again, amicable solution is best.
If it was me i would take the plans, ask neighbour to pay a SE to check that my structure would not suffer damage.
Neighbour might not want to pay for SE.
I would pay that myself.
A couple of hundred to avoid a lifetime of disputes over most trivial things.
Anyhow, it's not guaranteed his plans will be approved, in fact, in some borough they dismiss all similar proposals even though there's no policy against them.

 

[oldbutnotdead]

You only need to PROVE the guttering etc has been there for 39 years if it gets to court. Likewise with the status of the wall (inside or astride the boundary)
Guttering proof- if you have the final completion certificate from bc that would do. Google Earth & look at old pics. Any family photos? An affidavit from you or whoever livedthere in 81 would do. Remember if this does go legal all you need isbalance of probability.

 

[Harry Bloomfield]

(by notifying him in writing- usual deal is send via recorded delivery so recipient can't deny the existence of the notice though CPR don't require it)

There is no such thing as Recorded Delivery now, only Signed For. Legally, proof of posting is adequate as proof of delivery, so all that is needed is to hand a letter in over the PO counter and get a printed receipt which bears the house number and postcode.

 

[johnny2007]

There is no such thing as Recorded Delivery now, only Signed For. Legally, proof of posting is adequate as proof of delivery, so all that is needed is to hand a letter in over the PO counter and get a printed receipt which bears the house number and postcode.

True, however I prefer to have their signature as proof of delivery.
It shows that the letter has enter that property, even if the signature is illegible and belongs to a third party.