Extension - Eaves overhanging neighbours

[Noidea]

Hi. I’d be grateful if some could help ASAP with the following.

We are getting getting an extension and as our boundry wall isn’t straight, the end of the extension’s eaves will overhang the end of a neighbours garden (it’s a tiny in-useable space behind their garage)

They are fine with this but I’m wondering what documents I need in place to ensure it’s all above board.

It seems I need a party wall but also something to do with adding it to the deed as well??

[des8]

Might not be as simple as you think
what you need is a deed expressing a right of easement recorded with land registry BUT
if the neighbours have a mortgage the mortgagee will need to agree (and they just might not)

the party wall agreement shouldn't be a problem

[Noidea]

Thank you - I very much doubt they have a mortgage as they are on their 70’s and have lived there for the last 40 or so years... does that make a difference??

[des8]

Building societies and the like never like to agree to easements giving a third party rights over property on which they have a charge.

suggest you see a solicitor to draw up the agreement, and have it registered properly... might save a lot of heartache later if/when neighbours sell up.

[Noidea]

Appreciate your advice. Thanks!

[Gazer]

NOIDEA, could you update us on whether an Easement was sought/agreed please?