Neighbours have built conservatory style room using our wall - Detached House

[louise456]

Hi, I hope someone can shed some light... We are in the process of buying a detached house. We have noticed that the neighbours have built a small conservatory/room using our wall. Our outside wall is now their inside wall! I understand that this is not legal and we are in the process of finding out where we stand. Solicitors are saying that you buy the house as it is. Our local council are useless and won't give us any information as to how we sort this. The lady we are buying off is a 70 year old woman who feels as though the neighbours have taken advantage of her, probably true, but this doesn't change the issue we have. We are angling at them removing it as there is nothing in writing to say that the current owner has consented for the neighbours to erect this room. The guttering they have put on this conservatory/room also overhangs onto our single storey extension, so we are very limited as to how we would fix our flat roof on our extension. Has anyone had this issue before or has had some experience in this type of issue?
Many Thanks

 

[motorbiking]

How long ago was it built?
Is it likely that she gave her permission orally?

Don't assume you can have it removed, once you buy the house, the neighbour can argue they had agreement from the seller and in that case your stuck with minimal compensation only.
read this thread:
https://www.diynot.com/diy/threads/...ion-to-my-linked-detached-house.492363/unread

Personally I'd walk or negotiate a substantial discount for having to take on a trespass claim that might only result in an award of a couple of £k tops

 

[^woody^]

Sold as seen

 

[wessex101]

The neighbour doesn't need to claim they received permission. If the conservatory is visible from neighbouring house and they did nothing to object I believe they can claim "deemed consent" or something like that. It could be that it has acquired an easement by prescription?

Looks like it might not the detached house you thought it was and is in fact semi-detached and the asking price should reflect that.

 

[Buck_68]

If you’re in the process of buying the house then I would be applying pressure to your solicitor to give you full and clear advice on this. They should provide some guidance to you as their client.

If they are unable to do this then either find another solicitor or go with your instinct and buy the house “as is” at the price you feel it is worthless walk away.

 

[clifford1]

"We are in the process of buying" - what does that mean? Either you have exchanged contracts and so are committed to buying it, or you haven't in which case you could walk away.

 

[^woody^]

Yes, the OP is talking very much in terms of "our house" and "our wall", and it's not even theirs.

And yet are criticising the neighbour who does actually own their extension and have been living there happily for a long time!

They sound like great neighbour's to be.

 

[jagillham]

Does this conservatory cause any real inconvenience to you?

I'm struggling to visualize which outside wall of a detached house a neighbour could adjoin to whilst simultaneously overhanging an extension off of the same house? Unless ofcourse their conservatory is taller than the single story extension. Even then, how does it get in the way? Presumably at the very least access exists from the front of the extension?

 

[motorbiking]

Why get picky about the OPs use of language- she posted a description and asked for advice. I’m sure people would be miffed if their neighbour built a structure with a run off on to thier roof.

 

[jagillham]

If that was aimed at me, then was only trying to ‘see’ the problem.

Think OP is out of luck anyway, despite the obvious annoyance of the potential neighbour.

Building control and planning have no remit as a conservatory, and we presume the structure itself is not unsafe.

Legally I can’t see any option either. It’s not the new buyer who has been ‘wronged’, and they have incurred zero financial loss. Any loss is that of the vendor (ie, your illegal attachment has devalued my property).

 

[motorbiking]

I‎t wasn’t aimed at you.

However, rights pass with title. If a claim was valid for the vendor i‎t will be valid for the buyer. Properties often get sold with squatters or boundary issues, the discount reflects the risks, cost and hassle of getting them fixed.

However, the OPs case is weakened where the neighbour can claim they had been granted permission or discussed the plans beforehand. In that case damages would be minimal and an injunction disproportionate. I posted the relevant case law in the other thread.

I once viewed a house where the neighbour had a attached a notice to potential buyers. There is a boundary dispute... Needless to say i didn’t but i‎t.

 

[clifford1]

The fundamental question has not been answered - have contracts been exchanged or not?

If yes, then as explained by others, OP is probably stuck with what she saw.

If no, then does she still want the house?
Yes, but only if the seller gets the neighbour to remove the conservatory first
Yes, but only with a substantial discount to reflect the loss of amenity and value
Yes, but with a token discount just to feel better
No at any price - then walk away.

 

[^woody^]

I’m sure people would be miffed if their neighbour built a structure with a run off on to thier roof.

Not if it was not their neighbour because they did not own the house!

 

[Nige F]

I call it detached when you can walk all around the property on your land.

 

[Footsoldier888]

Just for the sake of argument, what if the conservatory is over the boundary line and less than 21 years old. Could the owner serve a notice to clip it back to the boundary line say, provided they followed the notice rules???