Possible issue with old extension

[Larchfield]

What possible reason would I have to scaremonger? Ridiculous comment. I'm experienced in neighbourly disputes and this sort of thing is NOT uncommon. I did not say that a claim is likely to arise (how could I be sure without seeing the site?!), I merely offered a few points for consideration. Best to be in the know, than not.

 

[noseall]

I'm experienced in neighbourly disputes.

In what way?

 

[Larchfield]

I'm a surveyor for a large multi disciplinary firm, working mainly in party wall matters, boundary disputes, rights of light claims for a mixture of public, private and commercial clients on household developments to large scale city centre developments in Liverpool, Leeds, Manchester, Preston, London to name a few.

 

[^woody^]

Lol . No adverts allowed.

I've got more experience than that. I don't get on with the neighbours.

 

[^woody^]

A few things to consider:

1. Building Regulations
At the time the extension was built, it would've been subject to Building Regulations (if it was deemed habitable, and met other criteria... this may be something you should check).

2. Planning matters
References to the 4-year rule are correct. If I was the buyer/seller of the neighbouring property, I would keep quiet about the planning concerns and get the sale through. It may very well be the case that due to the size of the extension, planning was not required.

3. Rights to Light
Contrary to most replies so far, the estate agent is not talking rubbish. If the extension is causing sufficient 'injury' to the neighbouring property, under the Prescriptions Act 1832, then the neighbour could be due some compensation. The statute of limitations allows the neighbour to make a claim up to 6 years (perhaps 12?!) after the nuisance commenced.

Rights of Light assessments would have to be undertaken, and the whole process would greatly delay the sale if the neighbouring owner wanted to garner some free cash from your parents. The house could then be sold with a new covenant saying that the claim was settled and no new claim could be brought on the matter. This is worth looking into to make sure you have your bases covered. If you want any more steer on RofL, feel free to PM me.

WTF are you on about?

This has got nothing to do with the OP's parents.

The neighbours are selling their house. Do you really think that they will be making some expensive right to light legal claim against a poxy extension?

What has building regulations of the OP's parents extension, got to do with the neighbours house sale

The only thing you got right was the bit about the four year rule.

1 out of 3 is a bad show. You're letting us down.

(BTW a right to light claim would fail for this situation)

 

[Larchfield]

You've made a lot of assumptions to discredit my views, which, clearly, are broad possibilities, as I've said, merely for consideration.

 

[noseall]

You should put your professional 'opinions' to one side and stick to facts in the future.

No wonder the word 'scaremongering' was used.