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Right of Way/Extension being built beside me.

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  • Right of Way/Extension being built beside me.

    Hi All,

    I own an end terrace property which is tenanted. Back in 2020 the neighbour submitted a planning application for building an extension and altering the right of way. I raised my neighbour query at the time (not an objection) re the moving of the right of way and also fact that it mentioned a new fence at the bottom of their garden but nothing about the fence and gate boundary between us. I asked questions about the right of way and whose responsibility it was to alter this on deeds etc. At the time it was a hassle to access my deeds due to COVID etc. My response was noted but no reply to it.

    Due to my circumstances I need to sell this property. Tenants have been given notice and due to move out 9th May. I intend to do some sprucing up of the property and then put it on the market asap.
    Was advised on Monday this week that the builders have arrived next door.

    To date the boundary fence has been removed (my fence and no permission asked) and stacked at the end of my garden. To be fair the fence was in disrepair and if they intend to replace it then that is fine. But in the meantime where it has been left will kill the grass. I have not been approached re moving the right of access to the place it is listed on the plans. This will mean the new access will be about 3 meters further down my garden and entering a grass area on my side - basically it will cut the lawn in two. There is an option for a gate at the end of their property which goes onto a public path which can give an exit. No-one really seems to use the right of way - not sure what others are doing re bins currently.

    I do have landlords insurance but no legal expenses on it - not sure if I can add this at this point to protect myself what reason would I give to company for adding it? (I added wrong thing this year Jan when I renewed - added public liability!). I am concerned that this matter is sorted before sale but don't see why I should have to pay to resolve it.

    Any thoughts? As I am about to sell the right of way etc will come up in property searches etc. There is also a joint shed going across the properties where my side will be left and their side will become part of their new extension

    The extension is due to disability and will "tidy' this property which is a mess to be honest. Couple who live there would not have a great deal of money -

    Who should have sorted the right of way issue as planners seem to have ignored it?

    I live in Northern Ireland if this is relevant.


    Thanks

    Rosie




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  • #2
    BUMP

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    • #3
      In my view a formal notice should have been sent to planning during the consultation re rerouting the right of way etc. You can get planning on land you do not even own - planners will not get involved unless things such as this are raised in my experience. No idea to be honest what to do next but I think I would explain to the neighbours the need to sort out the deeds as they will have issues if they come to sell. In my opinion they should pay.

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