Neighbour response to extension

[Guest]

Hi, I’ve not been able to find a solicitor that wants to give me advice on a boundary dispute. We have had planning permission to build an extension but the neighbours have reacted aggressively by hiring a surveyor then building a fence over their badly predicted boundary to stop us being able to put scaffolding up. There is a one meter communal land strip between us so their new fence isn’t technically bordering our land. It’s a difficult one. They won’t have an adult conversation and are slightly threatening in their sarcastic responses to us. The owner of the communal land won’t act. Their fence is limiting our access into our driveway and no doubt we will hit it at some point in future.

How do we go about putting up scaffolding if they’ve wrongly marked their territory. Can I put scaffolding over the fence so long as it’s not interfering with their access? I have no idea how to proceed.

They installed their fence with no communication to us and very quickly so we couldn’t object.

Thanks

[dslippy]

I would need convincing about a 'communal land strip'. It is a very odd concept, and, if it exists, the terms on which it is created may answer your questions. Until then no answers.

There is a right to go onto a neighbour's land for access to a side wall of your own land. (Party Wall and Access to Neighbouring Land Act 1986 but the right requires certain preconditions and steps to be taken to use them.

Pull back a bit first and recognise that the buiding of an extension can easily be an aggressive act of itself as against your neighbour. I do not say that yours is, but they often are, and invite repercussions. Think about it. Talk to them, and then keep on talking. Listen about your extension. A neighbour dispute once out of hand can easily dwarf the cost of an extension. Tey very easily get out of hand.

Solicitors often very wisely refruse to have anything to do with these things (neighbour disputes) because they very very rarely end up with happy clients. They have broke clients and broken clients. Judges feel free to criticise them for allowing something of this sort to get as far as court.

[Guest]

Thank you for commenting back so soon. I think I need that unbiased view because so many family and friends are commenting on how bad the situation is (as we see it).
Our extension is a need, not a ‘want’ or to aggravate a neighbour. About 50% of our street (69 houses) have extended in some way.
We’ve only ever been polite to the neighbours throughout and tried to get a normal conversation flowing but it doesn’t go well. Give them an inch ..... unfortunately every inch counts when the minimum scaffolding is 800mm.
I’m losing sleep worrying if the threats of tearing my extension down will happen. This is my only concern and need for legal advice.
thanks again

[des8]

If you have planning permission and are building on your own land, how can "they" tear down your extention?

If there is not sufficient room for scaffolding to be erected on your land, have you asked your builders about building overhand?
Although builders don't like doing it, it should be possible using bricks rather than blocks.

[Guest]

I’m building up to a boundary line and it’s difficult to know if someone will later object and say I’ve crossed the line. My neighbours are making sarcastic comments about pulling the extension down if all the small detail isn’t covered (gutters overhanging etc etc). They certainly have us worried as I just don’t know all the rules. Overhanging gutters was new to me so what else am I not thinking about. Land Registrars say boundaries can’t be specific enough down to inches. The land owner company of the communal land I’m bordering isn’t responding to my notice of the build and request for agreement on the boundary line (I provided photos, title deeds and extension architect drawings). Do I just assume no response is ok and carry on with the build or try and force a response from them.

[des8]

If you are building upto the boundary you need to be sure where that boundary lies!
if your guttering overhangs the boundary you will be trespassing and could face a court claim.
Even if the claimant wins, it does not necessarily mean you will be ordered to rear down the build. You could be ordered to pay damages.

However costs in boundary disputes tend to spiral and you would do well to ascertain where your boundary is.
Land Registry plans are only indicative

You haven't clarified the "communal strip" which is owned by another party,
What rights do you (and your neighbour) have over that strip, and are those rights written into your land registry proprietorship file?

[Guest]

Common land as specified in the deeds..

4. Each Dwellinghouse and Plot shall be used and occupied as a private dwellinghouse and the remainder of the Development so far as not occupied by buildings or roads, Common Ground, parking spaces and paths shall be used as garden or amenity ground and for no other purpose whatsoever and shall remain unbuilt on in all time coming and said dwellinghouse shall not be
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sub-divided or occupied by more than one family at a time nor shall the garage or any other building or part of the Plot be sold separately from the plot as a whole

i will be building up to this area of common land. When I spoke to a senior planner for the company that owns this she didn’t seem phased by the plan. Although this was just one person and not in a legal position.

[Guest]

Ok that was the incorrect passage !

[des8]

To return to your original questions:
1)you can't place scaffolding on your neighbours's property without his permission or a licence from him.
Have you tried negotiating a price with him?
2) the same applies to the "communal" land, and you should try and obtain written permission from the owners
3) i doubt the over hanging guttering will be a difficulty, but you may wish to obtain an easement

Perhaps dslippy could comment further

[Guest]

Is this the description you mean?


1.3 "Common Ground" means those parts of the Development which do not comprise a Plot and which Bryant do not dispone or intend to dispone to an individual Proprietor including the Play Area (as hereinafter defined), the landscaped open space areas, any roads and footpaths which are not adopted for maintenance by the relevant Local Authority, and any Service Strip (as hereinafter defined) which does not form part of or which is not adjacent to a Plot (as hereinafter defined);

[dslippy]

Scotland warning. 'Dispone' is Scots for dispose.If Scots law applies then my replies are off. You have a seperate legal system and the differences are frequent, not insubstantial, and unpredictable. It might also explain the idea of a communal path which is not set out as an English lawyer would.

[ULA]

Ty3865 can I just clarify whether this relates to a property in Scotland? If so it may be that the advice given in posts might need to be reviewed since most of the experience of our volunteer community is based on English and Welsh law. Although in Scotland some of the legal legislation is the same or similar we may not be able to be fully certain the advice we are providing accurately reflects the interpretation of the law.

I just wanted you to be aware of this.

[Guest]

Yes this is a property in Scotland. I had no idea this was an English and Welsh website or that property laws were different.
Please remove my posts since I have a Scotland warning message.

[ULA]

Yes sorry, unfortunately not all legislation across the borders between Scotland and England are the same and I believe propery is one of them where there are differences.

Wish you the best.