Neibour building attached extension to my linked detached house!

[^woody^]

I would not of thought that drilling a hole is "damage" - think of all those damaged bricks and blocks we all have around the house. But you never know.

I suppose it's all fact and degree, but I'm with the biker dude on this.

 

[motorbiking]

It easily meets the criteria of damage to property, belonging to another, but not the mens rea.

 

[Nige F]

Also the case of R v Smith 1974, held that an honest belief, even if wrongly held, that the person was entitled to do it, is sufficient.

Is that Regina v Smith ?

 

[Footsoldier888]

The way I see this is that if the garage infront of the extension is attatched then it could well be a party wall. If it is a party wall then you do have rights to attach things to it.

The best way is to look in the deeds and see what they say. Also look on google earth to see if other neighbours have done similar extensions.

The other thing that comes to mind is that an extension may require the developers permission, perhaps there is a covenant preventing such an extension. However it may well be the neighbour has done nothing wrong and the whole wall is a party wall.

As regards the noise, you could check that it has been sound insulated to meet the regs next door. Why don't you go round and just ask in a friendly way for information without making any claim of any kind. From here I do have a feeling the neighbour may be perfectly entiltled to do this, it certainly is possible at least. If you start jumping to conclusions immediatley and rush off to a solicitor it will only be a waste of money. You must check your deeds first.

 

[Footsoldier888]

There is a good article on it here:

http://www.partywalladvice.com/2009...-a-gap-between-his-extension-and-my-building/


It basically says the party wall stops at the end of your garage and is a Type B party wall. But then it makes the point that it is better someone attatches to your wall than leave a gap neither of you can get to.

 

[motorbiking]

Is that Regina v Smith ?

Yes:
R v Smith [1974] QB 354 Court of Appeal

The appellant was a tenant in a ground floor flat. With consent of the land lord, he purchased some electrical wiring, roofing equipment, wall panels and flooring and installed them into the conservatory. By installing these items, in law they become the property of the land lord. as they form part of the flat. When the tenancy came to an end, the appellant removed the wiring which involved damaging the wall panels. He was convicted of criminal damage and appealed contending he lacked the mens rea of the offence as he believed that since he had paid for the panels he had a right to damage them.

Held:

His conviction was quashed. He lacked the mens rea of criminal damage as he believed the property he damaged belonged to him. It was irrelevant that the mistake was one of law rather than fact as it related to a mistake of civil law rather than criminal law and there was no need to demonstrate a reasonable belief, it being sufficient that it was honestly held.

However, for the benefit of the OP, we need to get away from the criminal damage discussion as its not going to go anywhere.

 

[Footsoldier888]

Yes I agree. I think the question here is has there been any damage??? Without more information from the OP it is not easy to tell.

Really as regards damage surely foundation work is the biggest concern. But perhaps this is a sort of 'shed', there may be a gap between the door and the start of what might be an outbuilding. It may not be a permanent structure as such.

 

[motorbiking]

I think there is a case for damages in the civil sense.
1. It is likely to impact the value of his house
2. It will be more expensive and inconvenient to maintain his roof
3. He's rainwater drainage seems to have been damaged, we don't know where that is routed and what happened to the drain
4. We don't know if there is an increased risk of damage
5. I'm assuming there are a fair few frame fixers in his wall now
6. He's already complaining of noise problems.

 

[Tommyf]

I have managed to take a picture of the flat roof from sticking my arm round my exterior wall to get a closer look of what is going on. This is the first time I have seen the roof from this angle. The flat is from what I can see through the sliding doors they have on the front looks as tho it is build like any flat room with roof trusses that seem to be bolted to my exterior brick wall.

 

[motorbiking]

where did your rain water gutter previously go?

I'm finding it hard to understand that you had no clue this was going on?

What do you want to happen:
A: he has demolish his green house/shed/thingermy?
B: he has to pay you compensation for the damage?
C: he rectifies it in some way?

 

[Tommyf]

I'm going of what I have currently on my side that the guttering down pipe went directly down my wall and into the floor connecting to a storm drain. As I said previously they have been doing Alot of work on the property (it needed it) and I had a idea that something was being built there as I had something similar with a flat room (not connecting to the neighbouring property) that is used as a cover to get from back door to garage. I have no problem it being there what my problem is the attachment to my property. If it was amended with his own exterior wall that's the goal.

 

[motorbiking]

If you don't have a problem with the flashing then he could retrospectively construct some sort of goal post arrangement to ensure his roof is not supported by your wall. I'd want the drain sorted too, I wonder how he's built over that?

What does the front look like - does his garage have its own wall on your side?

You could write to him to telling him, that you've taken advice and believe his building is trespassing, noting also that he did not serve any applicable party wall notice either, and you intend to seek an injuction to have it demolished. You could suggest you want to avoid that and would prefer to have a remedy that means he can keep his building without it being supported by your property. Mark it without prejudice and see where it goes. It does no harm to attempt resolution.

If you get to an amicable agreement make sure you have a right to access for maintenance in the event that you grant him consent

 

[Tommyf]

I am looking at doing a extention on my side in the same position some time next year and have looked into the plans for permitted development and drainage so I'm well aware as to what needs to be done. My other concern is there should be a storm drain for my guttering and his on the side where his (green house) is... I have no idea what has happened to that! My goal is to maybe speak to him when I get the chance to explain my concerns and ask if it be corrected with his own exterior wall and to remove his roof support from my wall. Would be interesting if I could get a inside look of it but think that's maybe mission impossible.

 

[Footsoldier888]

I think you should contact the Enforcement team at the council and say you consider it a fire risk and say you believe it to be an extension rather than an outbuilding, which it surely is as its clearly attatched to the house. I think it is a fire risk because the roof covering looks flammable. Also your drain could be cracked depending on what they have done by way of foundation.

The drain could be on your plot, which is why you need to look at your deeds.

I wouldn't approach the neighbour myself until you have contacted the council. No point threatening stuff to him if the council can do it all for you via an enforcement notice.

I understand you don't want it attatched to your wall but were it built correctly to building regs it is probably better if it is attatched, rather than have a tiny gap you have no access to.

 

[Footsoldier888]

It is pretty worrying because there is also the fact that the garage may not have a fire door so you could get very rapid fire transfer from his garage to your roof.

I would like to think the council would come out pretty quick because it looks to me like a potentially very dangerous construction. It would be interesting to read what Woody thinks about this aspect.