Advice... Neighbors Extension Proposal (Victorian Terrace)

Soldato
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Thanks. At what point would I engage a PW Surveyor? Is that post planning?

When I went through conveyancing I was told I own the left fence. It wasn't exactly a legally binding document though, it was just the previous owners view as to who maintains what. I have replaced at my expense the entire garden length over the last summer.



That would be a game changer in itself. Will add it to my note.

What point did you engage the party wall surveyor? Was it post planning or during?

In my links above, they give a timescale. The earlier the better. There is nothing stopping you from raising it with the neighbour now. It's completely independent from planning so you can deal with each separately and at the same time.
 

mjd

mjd

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Owning the fence to the left of your property is a common misconception with nothing in law to support it as I recall. In the absence of anything in the deeds, the fence is shared. (Assuming it sits along the true boundary line) . If it sits solely on your land then its yours. Unfortunately this sort of nonsense can be a real PITA and costly to nail down.
 
Soldato
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Owning the fence to the left of your property is a common misconception with nothing in law to support it as I recall. In the absence of anything in the deeds, the fence is shared. (Assuming it sits along the true boundary line) . If it sits solely on your land then its yours. Unfortunately this sort of nonsense can be a real PITA and costly to nail down.
Well I have a 'legal' doc from previous owner saying we look after the left. Not sure what standing this has?
 
Soldato
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Thought I'd give a brief update. I finally replied to planning today with comments but I did send a copy to neighbour beforehand to keep things amicable and transparent. Unfortunately the response didn't really answer any questions so I've sent it in full to planning.

Point I made: diagram is wrong, roof is misrepresented, light impact only modelled on 1 window, major features missing (kitchen bay)
Response: best they could do without access
Odd response considering the boundary is currently a 4 foot fence and you can touch each others walls :eek: (no pun intended). All points/sub points missed.

Point I made: flue will be incorrect distance
Response: it should be 600mm from boundary
Well, yeah, potentially - but it isn't :confused:.<snip>

Point I made: I own the fence (purely from an administration fact basis
Response: it depends if it sits on the boundary or on my property entirely.
?

Lots of planning approved locally but all have the 'gap' between neighbours.

 
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Soldato
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It doesn't sound like it's *quite* going down the amicable path.

Situations like these will always cause a rift between neighbours, that's just a fact of properties being built incredibly close to each other.

Your first point may just delay the works - if the local planning team insist on a new light survey etc, but i'm not sure that would result in any actual changes.

Point 2 as you say, a bit confusing.

Point 3 is probably more interesting, as it sounds like the neighbour thinks it could be on his property. If it's on the shared boundary, i don't think it can just be "removed" without both parties agreement. So if (as per my previous comment) they've planned to build right upto the boundary line and in effect remove the fence, then that might force a slight change in plans.
 
Caporegime
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sounds like you need to start blasting loud music and getting a really loud petrol engined leaf blower/lawn mower to play around with :p

your neighbours clearly don't give a rats ass about how you feel
 
Soldato
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21 Jan 2010
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22,225
It doesn't sound like it's *quite* going down the amicable path.

Situations like these will always cause a rift between neighbours, that's just a fact of properties being built incredibly close to each other.

Your first point may just delay the works - if the local planning team insist on a new light survey etc, but i'm not sure that would result in any actual changes.

Point 2 as you say, a bit confusing.

Point 3 is probably more interesting, as it sounds like the neighbour thinks it could be on his property. If it's on the shared boundary, i don't think it can just be "removed" without both parties agreement. So if (as per my previous comment) they've planned to build right upto the boundary line and in effect remove the fence, then that might force a slight change in plans.
I think we may have inadvertently triggered each other in the use of language but hey ho. We both did a nice preamble about being neighbourly :D

I see one locally went for planning right up to the boundary but it was denied. It was then approved on appeal, but to be fair it is a totally different plot with no neighbours to impact. This road has about 10 applications in at any one time by the looks of it - none are right up to the boundary.

Fence is definitely on the boundary as we share half of the post each. Based on their response I added a sentence when I went back to planning about how I have receipts to prove I maintain the fence at my expense and the previous owner (these guys haven't even unpacked yet :rolleyes:) did the same for their left hand boundary. I guess that is a party wall agreement thing.

sounds like you need to start blasting loud music and getting a really loud petrol engined leaf blower/lawn mower to play around with :p

your neighbours clearly don't give a rats ass about how you feel
:D
 
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