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Party wall and easement advice please
Good evening,
I hope someone can help me with information regarding easement (once we've won the football ). In 1992 we had a small rear extension built with the agreement of our neighbours as they were going to use our wall as a party wall to extend too. Therefore, they allowed our tiles to overhang their patio slightly. They moved instead of extending.
Both subsequent neighbours have never raised a written (or verbal) complaint so I believe it is a prescriptive easement. The neighbours of 22 years who I counted as friends, now want to build a taller, longer ground floor extension.
Their Party Wall surveyor stated they could build touching my wall and trim my Rosemary tiles(!) to allow this-my neighbours won't engage since I dissented the PW notice and deny any detailed plans exist. I dissented as I didn't trust them as they refused to give me any information, so it's apparent our friendship was a sham unfortunately. Originally, they 'told' me they were building on my wall, but after I explained what they had to do, solicitors, etc they changed their minds.
My PW surveyor agrees with me re easement. He has spoken to the owners and builder and says they will now build up to my tiles and attach flashing from their wall to under my tiles. My neighbour denied he knew what was happening when I asked him at lunchtime so I am not winning there...
My questions are
-do they have to ask my consent to attach flashing to my property without giving me the plans (which I am not privvy to) plus they have changed although only slightly and only basic drawings were approved for PP. Neither the neighbours or builder advised me they were starting building on Monday but my son saw pictures on social media! Therefore, no consent given to remove the shared drain under my wall by myself but does the PW award cover this? (The PW award was only signed on Friday.) I spoke to my neighbour regarding this at lunchtime but all he was bothered about was the cost and delay due to the PW award.
-can their tiles overhang mine? Is my easement just the area of my tiles or above. I'm not happy with overhanging tiles I must admit, but if it is law so be it.
The private building surveyor they have employed (instead of council) told me to issue a cease work notice this morning as they were filling the foundations this afternoon when I rang for advice. He also said he was surprised they got PP. I spoke with their PW surveyor as mine was incommunicado, who advised me the foundations, etc were as the award which unfortunately doesn't have much information in it. I did issue this notice until I got hold of someone, but after some reassurance from their PW surveyor I told them they could continue as I don't want to hold up the build or fall out further. I don't want a dispute when I sell as I've had too much hassle with my own refurb.
I have again asked my PW surveyor to obtain plans but I don't know where I stand as presently, he only has the basic drawings sent for planning permission and they are cracking on with the build.
I'm not the only person who is surprised the neighbours or builder haven't informed me before starting work, never mind ask consent for things outside the award, maybe in too.
Any advice would be welcomed. I did ring a solicitor today but did not get the promised call so need to know quickly incase I need a legal letter writing.
Many thanks ⚽
I hope someone can help me with information regarding easement (once we've won the football ). In 1992 we had a small rear extension built with the agreement of our neighbours as they were going to use our wall as a party wall to extend too. Therefore, they allowed our tiles to overhang their patio slightly. They moved instead of extending.
Both subsequent neighbours have never raised a written (or verbal) complaint so I believe it is a prescriptive easement. The neighbours of 22 years who I counted as friends, now want to build a taller, longer ground floor extension.
Their Party Wall surveyor stated they could build touching my wall and trim my Rosemary tiles(!) to allow this-my neighbours won't engage since I dissented the PW notice and deny any detailed plans exist. I dissented as I didn't trust them as they refused to give me any information, so it's apparent our friendship was a sham unfortunately. Originally, they 'told' me they were building on my wall, but after I explained what they had to do, solicitors, etc they changed their minds.
My PW surveyor agrees with me re easement. He has spoken to the owners and builder and says they will now build up to my tiles and attach flashing from their wall to under my tiles. My neighbour denied he knew what was happening when I asked him at lunchtime so I am not winning there...
My questions are
-do they have to ask my consent to attach flashing to my property without giving me the plans (which I am not privvy to) plus they have changed although only slightly and only basic drawings were approved for PP. Neither the neighbours or builder advised me they were starting building on Monday but my son saw pictures on social media! Therefore, no consent given to remove the shared drain under my wall by myself but does the PW award cover this? (The PW award was only signed on Friday.) I spoke to my neighbour regarding this at lunchtime but all he was bothered about was the cost and delay due to the PW award.
-can their tiles overhang mine? Is my easement just the area of my tiles or above. I'm not happy with overhanging tiles I must admit, but if it is law so be it.
The private building surveyor they have employed (instead of council) told me to issue a cease work notice this morning as they were filling the foundations this afternoon when I rang for advice. He also said he was surprised they got PP. I spoke with their PW surveyor as mine was incommunicado, who advised me the foundations, etc were as the award which unfortunately doesn't have much information in it. I did issue this notice until I got hold of someone, but after some reassurance from their PW surveyor I told them they could continue as I don't want to hold up the build or fall out further. I don't want a dispute when I sell as I've had too much hassle with my own refurb.
I have again asked my PW surveyor to obtain plans but I don't know where I stand as presently, he only has the basic drawings sent for planning permission and they are cracking on with the build.
I'm not the only person who is surprised the neighbours or builder haven't informed me before starting work, never mind ask consent for things outside the award, maybe in too.
Any advice would be welcomed. I did ring a solicitor today but did not get the promised call so need to know quickly incase I need a legal letter writing.
Many thanks ⚽
