Advice on overhanging property
- Thread starter dirtychinchilla
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I’d hoped you weigh in, thank you. I think it’s shocking that the drain pipe isn’t in their driveway however.
Unlikely Building Control would even get involved, most garages are exempt from The Building Regulations (if detached, made of brick and less than 30m2 etc). Even if not exempt, the only consideration they'd look at where astride the boundary (in terms of impact on next door) is in relation to the potential for spread of fire, but if the garage side wall is all brick with no windows that'd be a tick in the box. Overhanging soffits would be a civil matter for neighbours to agree on the arrangements.
I have no idea about the UK, but in the US if anything hangs over on your property you'd better do something about quickly otherwise you may lose the right to fix it later.
Example: If a neighbor builds a new fence and it's 6 inches over the property line on your side and you let it go, with no action or attempt to get it corrected, you have essentially abandoned your rights to that portion of your land. This doesn't mean you have to sue in court, but you have to do something. Certified letters to your neighbor, official complaints to the proper authority or if you must, sue in court.
There are some exceptions when it comes to vegetation, ( trees, shrubs or whatever ). Anytime they encroach on your property you can cut off the portion on your property with impunity... regardless of the consequences to the vegetation.
ETA: Now, if you buy a property with a structure that overhangs your property line and it's been there for years with no action from the seller of your property, you're screwed.
Example: If a neighbor builds a new fence and it's 6 inches over the property line on your side and you let it go, with no action or attempt to get it corrected, you have essentially abandoned your rights to that portion of your land. This doesn't mean you have to sue in court, but you have to do something. Certified letters to your neighbor, official complaints to the proper authority or if you must, sue in court.
There are some exceptions when it comes to vegetation, ( trees, shrubs or whatever ). Anytime they encroach on your property you can cut off the portion on your property with impunity... regardless of the consequences to the vegetation.
ETA: Now, if you buy a property with a structure that overhangs your property line and it's been there for years with no action from the seller of your property, you're screwed.
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I know the way you southerners do things are different but up here if a garage is shown on the plans for the warrant they will have to adhere to the regulations and even if they're classed as 'permitted development' and don't need planning, they would still need a warrant to ensure things are built properly. The main regs are dealing with spread of fire to and from your property to the neighbours but also in a job im in the process of dealing with as part of the works we have a series of retaining walls on our clients boundary which have eccentric foundations to keep everything in our clients land however, we still have to fit a french drain in so it still needs to be wholly within our clients boundary. This should be the same for rainwater goods soffits and fascias otherwise you're building on someone elses land.
Walk away.
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As I didn't want to leave you guys hanging (see what I did there), the answer is in the Party Wall Act Section 2(2), which gives the owner the right to:
(h)to cut away or demolish parts of any wall or building of an adjoining owner overhanging the land of the building owner or overhanging a party wall, to the extent that it is necessary to cut away or demolish the parts to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner;
In that case, you would simply have to serve notice on the neighbour. As it's your right to do this, they can't actually object. The only proviso is that you then have to make good the part of their property that you cut, which is to be expected.
Satisfactory solution, if not very irritating.
(added this to the OP in case it's of use to anyone)
(h)to cut away or demolish parts of any wall or building of an adjoining owner overhanging the land of the building owner or overhanging a party wall, to the extent that it is necessary to cut away or demolish the parts to enable a vertical wall to be erected or raised against the wall or building of the adjoining owner;
In that case, you would simply have to serve notice on the neighbour. As it's your right to do this, they can't actually object. The only proviso is that you then have to make good the part of their property that you cut, which is to be expected.
Satisfactory solution, if not very irritating.
(added this to the OP in case it's of use to anyone)
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This is awesome to read mate
Were lookgin at an extension and one of our big concerns was the neighbours soffits and gutters on our side of party wall!
Ive saved this for future use so thanks for reporting back
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This is awesome to read mate
Were lookgin at an extension and one of our big concerns was the neighbours soffits and gutters on our side of party wall!
Ive saved this for future use so thanks for reporting back
No problem, I really hope it helps. When I spoke to the party wall guy, he basically thought nothing of it. This whole issue was raised by my father-in-law who was convinced it was illegal. Turns out the builders do know what they're doing!
