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Dispute over new loft conversion

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Bert Coules

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Jul 23, 2017, 10:39:35 AM7/23/17
to
I live in a semi-detached bungalow. My neighbour has complained that the
dormer window of my new loft conversion overhangs the boundary between our
properties because it hasn't been built in exact accordance with the plans.

I can't judge the position visually - the overhang, if it does actually
exist,must I think be extremely small - but I'm uncertain as to the best way
to proceed. The neighbour has asked that I raise the matter with both the
builder and the architect and I'm quite willing to do so, but it seems to me
that the architect isn't really involved and the builder is hardly the most
unbiased person to pass judgement on the situation.

Isn't it up to my neighbour to prove his contention? If so, I assume this
would take more than just his word on the matter and a visual inspection. I
doubt the builder would accept anything less than an independent surveyor's
report, and in fact neither would I.

But I'd be grateful for any comments. Many thanks.

Mark Allread

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Jul 23, 2017, 10:52:36 AM7/23/17
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On Sun, 23 Jul 2017 15:39:31 +0100, Bert Coules wrote:

> I live in a semi-detached bungalow. My neighbour has complained that
> the dormer window of my new loft conversion overhangs the boundary
> between our properties because it hasn't been built in exact accordance
> with the plans.

If the window overhangs the boundary presumably you have also encroached
upon your neighbour's loft space?

I think he is just out to cause a nuisance.

Bert Coules

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Jul 23, 2017, 10:57:37 AM7/23/17
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Mark Allread wrote:

> I think he is just out to cause a nuisance.

That's possible, but it doesn't diminish the fact that his causing a
nuisance could be, well, a nuisance.

He's claiming that the incursion over the boundary has affected both the
value and the ease of reselling of his property.


Mark Allread

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Jul 23, 2017, 11:03:49 AM7/23/17
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How can a window overhang the boundary unless you have also gone into his
loft space?

Peter Parry

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Jul 23, 2017, 11:04:21 AM7/23/17
to
On Sun, 23 Jul 2017 15:39:31 +0100, "Bert Coules"
<ma...@bertcoules.co.uk> wrote:

>Isn't it up to my neighbour to prove his contention? If so, I assume this
>would take more than just his word on the matter and a visual inspection. I
>doubt the builder would accept anything less than an independent surveyor's
>report, and in fact neither would I.

Get some light string and a weight. Fix the string with tape to the
outside of the dormer (the point nearest your neighbour) and adjust
the length so the weight is on the boundary line. Once it stops
swinging If it falls on your side no problem, if it is on the
neighbours side you have a problem. You don't need a surveyor at this
time.

Bert Coules

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Jul 23, 2017, 11:18:42 AM7/23/17
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Mark Allread wrote:

> How can a window overhang the boundary unless you have also gone into his
> loft space?

That certainly hasn't happened. But his contention is that it's the outer
surface of the timber construction (Marley Cedral cladding) which is over
the border.

https://www.marleyeternit.co.uk/Facades/Weatherboard/Cedral-weatherboard.aspx

As I said, if the overlap *is* there it's pretty minimal. His argument
seems to be that an inch (or even a fraction of an inch) is as good - or
rather as bad - as a mile.




Bert Coules

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Jul 23, 2017, 11:29:29 AM7/23/17
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Peter Parry wrote:

> Get some light string and a weight...

Thanks for the suggestion but that can't be done, I'm afraid. There isn't a
clear vertical drop down from the edge (or even the rear corner) of the
dormer because it's set back from the rear walls of both properties.

Besides, isn't it up to him to prove that there's an overlap, rather than to
me to prove that there isn't?


Robin

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Jul 23, 2017, 11:41:37 AM7/23/17
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I find this difficult without photo or plans but:

a. did you serve notice in accordance with the Party Wall Act?

b. what precisely did that specify as regards the alignment of the new
window?

c. did the neighbour exercise the right to a Party Wall Surveyor
(possibly shared with you) and if so what did the agreement at the end
of that specify?


--
Robin
reply-to address is (intended to be) valid

Robin

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Jul 23, 2017, 11:47:03 AM7/23/17
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Again, hard to judge without photos or plans but if the 2 houses started
off as mirror images of one another a simple test is this.

Could you neighbour carry out *exactly* the same conversion as you (with
mirror inversion) to *exactly* the same position on the party wall as you?

If not, then I suspect your builder may have gone beyond the centre line
of the party wall and you need to see if you had permission to do so.

Bert Coules

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Jul 23, 2017, 11:58:24 AM7/23/17
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"Robin" wrote:

> Could you neighbour carry out *exactly* the same conversion as you (with
> mirror inversion) to *exactly* the same position on the party wall as you?

That's a very interesting point. I shall take another look, bearing that in
mind. Thanks.


Bert Coules

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Jul 23, 2017, 12:01:14 PM7/23/17
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"Robin" wrote:

> a. did you serve notice in accordance with the Party Wall Act?

Unfortunately, this wasn't done, initially because the neighbour declared
that "we shouldn't be bothered with all that" and latterly (when I fully
intended to send him at least an informal letter outlining my intentions)
because it was simply overlooked.


NY

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Jul 23, 2017, 12:22:23 PM7/23/17
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"Mark Allread" <m...@desktop.com> wrote in message
news:Uc6dnUUQVtFMJ-nE...@brightview.co.uk...
Exactly. Can you draw a diagram of how the window and your two houses are
arranged. How can either of you measure the exact position of the boundary
line / party wall? Is the fence between you exactly on the boundary, and if
so, is the boundary deemed to be half-way through the thickness of the
posts, or along the line of the fence which is on one side of the fence
posts.

If the boundary line is a half-way along a brick on the wall, how reliably
can either of you measure the exact extent of your window by projecting
lines back to this reference brick?

Bert Coules

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Jul 23, 2017, 12:44:44 PM7/23/17
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"NY" wrote:

> Exactly. Can you draw a diagram of how the window and your two houses are
> arranged?

I might be able to put a photo online but I haven't yet sorted out a
replacement for Photobucket; I'll see.

> How can either of you measure the exact position of the boundary line /
> party wall?

I think he's calculating the position of the boundary based on the distance
between the two closest adjacent rear windows in our back walls. The window
openings were 4.5 brick-widths apart, so the boundary is presumably at the
2.25 brick-width position.

This is complicated now though because the rear wall of my bungalow has been
moved backwards into the garden by a metre and the new window openings are
quite different. But photos exist of the old wall in place.

> Is the fence between you exactly on the boundary...

No. The fence, for some reason, is some 6-8 inches his side of the boundary
(if the 2.25 bricks calculation is correct).

Until all this business started I never looked closely at the placing of the
fence and automatically assumed that it accurately marked the boundary. I
do wonder now if the builders made the same assumption and took the fence as
a datum line for locating the newly-moved wall and therefore the dormer too.
If so it doesn't necessarily mean that there is an overlap but it would
place both wall and dormer closer to the boundary line than in the plans.




Tim Watts

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Jul 23, 2017, 1:11:29 PM7/23/17
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Can you hang a plumbline off the furthest point? Or use a plumb-laser
off the ground?

How certain is the boundary?

Tim Watts

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Jul 23, 2017, 1:12:23 PM7/23/17
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He *might* be right if a potential buyer noticed it and questioned.

Flying freeholds (where they exist) cause no end of trouble.

Tim Watts

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Jul 23, 2017, 1:13:50 PM7/23/17
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On 23/07/17 15:39, Bert Coules wrote:
If you did overhang the space by accident, either make the builder
remedy (hard and expensive) or offer to buy a slither of land off the
neighbour (at the builder's expense)?

The latter would be a solid solution *if* there was a breach.

You'd have to expect to pay the neighbour's legal costs too.

Tim Watts

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Jul 23, 2017, 1:15:28 PM7/23/17
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How long do you want this to drag on for? And do you like paying lawyers?

If he's right, you would do well to fix the problem asap (and offering
to buy an inch of land off him or whatever the transgression is) would
be a sensible solution.

Tim Watts

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Jul 23, 2017, 1:16:17 PM7/23/17
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That may have been a poor move - because now he's moaning.

Bert Coules

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Jul 23, 2017, 1:26:06 PM7/23/17
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Tim Watts wrote:

> If you did overhang the space by accident, either make the builder remedy
> (hard and expensive) or offer to buy a slither of land off the neighbour
> (at the builder's expense)?

Thanks for this and your other replies. Acquiring a sliver of land and
therefore moving the boundary might actually be a workable solution, if he's
right (and willing, of course).


spuorg...@gowanhill.com

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Jul 23, 2017, 1:34:49 PM7/23/17
to
On Sunday, 23 July 2017 18:26:06 UTC+1, Bert Coules wrote:
> Thanks for this and your other replies. Acquiring a sliver of land and
> therefore moving the boundary might actually be a workable solution, if he's
> right (and willing, of course).

But if your loft overhangs his side of the boundary and you move the boundary, won't that mean that his downstairs then extends onto your side of the boundary?

Either way, if upstairs doesn't match downstairs you may end up with a flying freehold, which conveyancing solicitors hate.

Owain

The Natural Philosopher

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Jul 23, 2017, 1:46:02 PM7/23/17
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if its an inch plane it off.


--
“it should be clear by now to everyone that activist environmentalism
(or environmental activism) is becoming a general ideology about humans,
about their freedom, about the relationship between the individual and
the state, and about the manipulation of people under the guise of a
'noble' idea. It is not an honest pursuit of 'sustainable development,'
a matter of elementary environmental protection, or a search for
rational mechanisms designed to achieve a healthy environment. Yet
things do occur that make you shake your head and remind yourself that
you live neither in Joseph Stalin’s Communist era, nor in the Orwellian
utopia of 1984.”

Vaclav Klaus

Tim Watts

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Jul 23, 2017, 2:17:46 PM7/23/17
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It's a semi or attached house? Sorry, I missed that.

Bert Coules

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Jul 23, 2017, 2:34:22 PM7/23/17
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Tim Watts wrote:

> It's a semi or attached house? Sorry, I missed that.

It's a semi detached bungalow.

Kipper at sea

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Jul 23, 2017, 4:19:56 PM7/23/17
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Is it the window or the soffit or fascia that causing the overhang. Is the loft roof a flat roof or pitched tiled.

DJC

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Jul 23, 2017, 4:21:07 PM7/23/17
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On 23/07/17 17:44, Bert Coules wrote:
> "NY" wrote:
>
>> Exactly. Can you draw a diagram of how the window and your two houses
>> are arranged?
>
> I might be able to put a photo online but I haven't yet sorted out a
> replacement for Photobucket; I'll see.
>
>> How can either of you measure the exact position of the boundary line
>> / party wall?
>
> I think he's calculating the position of the boundary based on the
> distance between the two closest adjacent rear windows in our back
> walls. The window openings were 4.5 brick-widths apart, so the boundary
> is presumably at the 2.25 brick-width position.
>
> This is complicated now though because the rear wall of my bungalow has
> been moved backwards into the garden by a metre and the new window
> openings are quite different. But photos exist of the old wall in place.
>
>> Is the fence between you exactly on the boundary...
>
> No. The fence, for some reason, is some 6-8 inches his side of the
> boundary (if the 2.25 bricks calculation is correct).

Usually the fence is owned by one or the other and sits on the owners
land, so the outer face of the fence would be the boundary.


>
> Until all this business started I never looked closely at the placing of
> the fence and automatically assumed that it accurately marked the
> boundary. I do wonder now if the builders made the same assumption and
> took the fence as a datum line for locating the newly-moved wall and
> therefore the dormer too. If so it doesn't necessarily mean that there
> is an overlap but it would place both wall and dormer closer to the
> boundary line than in the plans.
>
>
>
>


--
djc

(▀̿Ĺ̯▀̿ ̿)
No low-hanging fruit, just a lot of small berries up a tall tree.

michael adams

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Jul 23, 2017, 4:21:31 PM7/23/17
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"Bert Coules" <ma...@bertcoules.co.uk> wrote in message
news:5JqdndZxLODlT-nE...@brightview.co.uk...
How does the dormer align with the one metre extension to your rear wall?

Assuming the neighbour didn't object to the extension

If you go to the bottom of your garden, and taking advantage of the 6-8 inches
offered by the positioning of the fence can't you take a photo or series of photos
one of which will be exactly at right angles to the back of your house ?
Including both the extension as it abuts your back wall and the dormer window.
Ideally you won't want any of the one metre side wall of the extension visible, but
neither will you want the extension obscuring any of the back wall.
And then blow them up on the 'puter and draw a vertical line aligned with the
side of the extension and see how this aligns with the side of the dormer.
If the dormer does or doesn't encroach should then be evident from the
photo, and is worth establishing before proceeding further (in the
event that it in fact does). In the event that it doesn't then print out
the photo and show it to the neighbour or even invite him to take
his own photo and check for himself.


michael adams

....






>
>
>
>


Bert Coules

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Jul 23, 2017, 4:29:25 PM7/23/17
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"michael adams" wrote:

> If you go to the bottom of your garden, and taking advantage of the 6-8
> inches
> offered by the positioning of the fence can't you take a photo or series
> of photos
> one of which will be exactly at right angles to the back of your house ?

I have tried that but the result isn't as clear-cut as I would have liked,
partly because I can only get such a picture from the farthest point of the
garden and at that distance, even with computer-aided enlargement, it's not
easy accurately to mark the exact line of the border.

But I'll persevere. Thanks for the thought.


Bert Coules

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Jul 23, 2017, 4:32:41 PM7/23/17
to
"Kipper at sea" wrote:

> Is it the window or the soffit or fascia that's causing
> the overhang? Is the loft roof a flat roof or pitched tiled?

There isn't a window in the side wall of the dormer. If there is an
overhang it's caused by the decorative/protective cladding which was used
instead of tiles. This stuff:

https://www.marleyeternit.co.uk/Facades/Weatherboard/Cedral-weatherboard.aspx

The loft roof is flat.


TheChief

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Jul 23, 2017, 4:46:04 PM7/23/17
to
"Bert Coules" <ma...@bertcoules.co.uk> Wrote in message:
> I live in a semi-detached bungalow. My neighbour has complained that the
> dormer window of my new loft conversion overhangs the boundary between our
> properties because it hasn't been built in exact accordance with the plans.
>
> I can't judge the position visually - the overhang, if it does actually
> exist,must I think be extremely small - but I'm uncertain as to the best way
> to proceed. The neighbour has asked that I raise the matter with both the
> builder and the architect and I'm quite willing to do so, but it seems to me
> that the architect isn't really involved and the builder is hardly the most
> unbiased person to pass judgement on the situation.
>
> Isn't it up to my neighbour to prove his contention? If so, I assume this
> would take more than just his word on the matter and a visual inspection. I
> doubt the builder would accept anything less than an independent surveyor's
> report, and in fact neither would I.
>
> But I'd be grateful for any comments. Many thanks.
>
>

Can you clamp, by hand only, a straight edge horizontally to the
side of the dormer? This might be along the fascia board or the
guttering depending on the design. The straight edge needs to be
long enough to project past the lower extremity of the building.
Then a plumb line can be dangled from the projected straight
edge down the face wall of the property. You'll need an
accomplice to check the position of the plumb weight when it
comes to rest.
This might be "tweakable" in your favour slightly if necessary
when you demonstrate the "accurate" location for your
neighbour.

Phil
--


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Roger Mills

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Jul 23, 2017, 4:50:14 PM7/23/17
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Can you post some photos - with a link here - so we can get a better
idea of what's what?
--
Cheers,
Roger
____________
Please reply to Newsgroup. Whilst email address is valid, it is seldom
checked.

Tim Watts

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Jul 23, 2017, 5:10:04 PM7/23/17
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That's tricky - I would consider legal advice asap. If it's overhanging
the centre of the party wall line, it's likely to cause problems.

But first, measure it...

michael adams

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Jul 23, 2017, 5:14:14 PM7/23/17
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"Bert Coules" <ma...@bertcoules.co.uk> wrote in message
news:c5adnQiGRYa-mujE...@brightview.co.uk...
If you choose an arial view in Google Streetview, assuming the
two bungalows are identical in area then assuming this post dates
the metre extension having been built, a screen capture and
subsequently measuring and drawing lines should give some
idea if how close the extension actually comes to the boundary.

Basically you first need to establish the facts. It might also
be worth pondering, although not by asking him direct, how
exactly the neighbour is so sure of "his" facts.


michael adams

...


>
>


The Natural Philosopher

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Jul 24, 2017, 2:00:40 AM7/24/17
to
On 23/07/17 21:32, Bert Coules wrote:
well you can rip that lot off, tack some mesh and render...


--
"The great thing about Glasgow is that if there's a nuclear attack it'll
look exactly the same afterwards."

Billy Connolly

Brian Gaff

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Jul 24, 2017, 3:08:32 AM7/24/17
to
Sounds like a job for a plumb line to me. Gravity seldom lies. However,
whatever the outcome, you do not really want to have a neighbour with the
hump next door so why not simply ask them what the remedy for them would
be?
Presumably they had the opportunity to view the plans before work started.
If its not in accordance with those plans both of you have some grounds to
bring back the builder and ask what gives.
Brian

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"Bert Coules" <ma...@bertcoules.co.uk> wrote in message
news:LIadnU6K0OW4KOnE...@brightview.co.uk...

Mike Tomlinson

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Jul 24, 2017, 3:35:54 AM7/24/17
to
En el artículo <LIadnU6K0OW4KOnE...@brightview.co.uk>, Bert
Coules <ma...@bertcoules.co.uk> escribió:

>But I'd be grateful for any comments. Many thanks.

A laser level, aimed vertically, on the party wall, at night?

Should be pretty definitive

--
(\_/)
(='.'=) "Between two evils, I always pick
(")_(") the one I never tried before." - Mae West

Robin

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Jul 24, 2017, 3:37:26 AM7/24/17
to
You are not the first to have done that. And you can't serve a notice
after the work has been done.

Where work has caused physical damage to a neighbour's property the
Party Wall Act process can be used by agreement among the parties to
sort it out. But I don't think that's much use to you at this stage -
the more so as I assume that if you have encroached then a physical
solution (ie rebuilding) is something you'd only want to contemplate
after exploring legal routes such as a acquiring a "flying freehold".

The only suggestions I feel able to offer are:

a. if you seek a surveyor's advice on whether or not the work has
encroached it might be worth engaging one who also works as a party wall
surveyor; and

b. if you phone the RICS helpline (024 7686 8555) you should get some
free advice - albeit of course advice which might involve engaging a
RICS surveyor in addition to, if not instead of, a solicitor ;)


--
Robin
reply-to address is (intended to be) valid

Mike Tomlinson

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Jul 24, 2017, 3:44:06 AM7/24/17
to
En el artículo <bK2dnU2QuoC2QenE...@brightview.co.uk>, Bert
Coules <ma...@bertcoules.co.uk> escribió:

>Thanks for this and your other replies. Acquiring a sliver of land and
>therefore moving the boundary might actually be a workable solution, if he's
>right (and willing, of course).

Try and resolve it amicably, because neighbour disputes have to be
declared when selling a property and may adversely affect your ability
to sell.

The Natural Philosopher

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Jul 24, 2017, 3:48:47 AM7/24/17
to
On 24/07/17 08:43, Mike Tomlinson wrote:
> En el artículo <bK2dnU2QuoC2QenE...@brightview.co.uk>, Bert
> Coules <ma...@bertcoules.co.uk> escribió:
>
>> Thanks for this and your other replies. Acquiring a sliver of land and
>> therefore moving the boundary might actually be a workable solution, if he's
>> right (and willing, of course).
>
> Try and resolve it amicably, because neighbour disputes have to be
> declared when selling a property and may adversely affect your ability
> to sell.
>
Which he knows full well and will take advantage of.

1/. Initate a dispute with a neighbour over any issue that is convenuient.

2/. Escalate it to a seriously unpleasnat level as a way of fircing your
neighbour to sell

3/. When no one will buy the place because of the cunt next door, get
your brother to buy it really cheap.

4/. Now convert it ointo 17 flats and rent it to illegal immigrants.

Dave Plowman (News)

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Jul 24, 2017, 5:07:21 AM7/24/17
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In article <Uc6dnUUQVtFMJ-nE...@brightview.co.uk>,
Mark Allread <m...@desktop.com> wrote:
> On Sun, 23 Jul 2017 15:57:33 +0100, Bert Coules wrote:

> > Mark Allread wrote:
> >
> >> I think he is just out to cause a nuisance.
> >
> > That's possible, but it doesn't diminish the fact that his causing a
> > nuisance could be, well, a nuisance.
> >
> > He's claiming that the incursion over the boundary has affected both
> > the value and the ease of reselling of his property.

> How can a window overhang the boundary unless you have also gone into
> his loft space?

A plinth or whatever round the top of the window?

If the window goes right up to the boundary, the 'roof' to that window
might well overhang into next door.

--
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Dave Plowman da...@davenoise.co.uk London SW
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Terry Casey

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Jul 24, 2017, 9:38:52 AM7/24/17
to
In article
<LIadnU6K0OW4KOnE...@brightview.co.uk>,
ma...@bertcoules.co.uk says...
>
> I live in a semi-detached bungalow. My neighbour has complained that the
> dormer window of my new loft conversion overhangs the boundary between our
> properties because it hasn't been built in exact accordance with the plans.
>
> But I'd be grateful for any comments. Many thanks.

You'd just love an extension that's been built near me!

Two identical pairs of semidetached houses. In the gap
between the two, one has built an extension with a garage at
ground level and bedrooms over.

I happened to glance at it the other night and something
struck me as wrong. It is obvious that the new end wall
exactly flanks the boundary line, so no problem there but
the edge of the roof and guttering, etc. overhang the
boundary line by several inches!

The extension was obviously built some time ago but, apart
from any other consideration, I wonder what would happen if
the neighbour wanted to build a mirror inage extension on
his side of the boundary!

--

Terry

Robin

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Jul 24, 2017, 10:11:54 AM7/24/17
to
That depends on what if any legal rights the first to build obtained for
the "trespass" of the gutters over the adjacent land. But very possibly
there would be no particular difficulty as the new Party Wall Act
notice/agreement could cover the current gutter being replaced by a
valley gutter, and with the apportionment of the capital cost and the
responsibility for maintenance/repair.

Chris J Dixon

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Jul 24, 2017, 10:19:22 AM7/24/17
to
Terry Casey wrote:

>Two identical pairs of semidetached houses. In the gap
>between the two, one has built an extension with a garage at
>ground level and bedrooms over.
>
>I happened to glance at it the other night and something
>struck me as wrong. It is obvious that the new end wall
>exactly flanks the boundary line, so no problem there but
>the edge of the roof and guttering, etc. overhang the
>boundary line by several inches!
>
>The extension was obviously built some time ago but, apart
>from any other consideration, I wonder what would happen if
>the neighbour wanted to build a mirror inage extension on
>his side of the boundary!

On my street, because the ground slopes, the 1970s semis are
built with a difference in level between the halves of about 5
bricks.

Taking the dividing line as the centre of the party wall, My
roof, being higher has to cover the entirety of the party wall,
plus the usual eves overhang.

Chris
--
Chris J Dixon Nottingham UK
ch...@cdixon.me.uk

Plant amazing Acers.

Tricky Dicky

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Jul 24, 2017, 10:30:16 AM7/24/17
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Our bungalow is the last in a row of link detached bungalows with carports linking each building. Our wall on our neighbours side is on the boundary but our roof overhang is over the neighbours carport as is the same for all the other bungalows. The flashing on his carport roof extends over the first row of tiles and tucks under the second row of tiles on our roof. The carport rafters attach to our fascia which having been up since 1975 is looking distinctly ropey. I would like to replace the fascia but cannot see how it could be done without dismantling the carport or supporting the carport on several acrows. The reason for the fascia ropeyness is that our previous residents nor our neighbour have bothered to paint them and the carport roof does have a number of leaks. There is a covenant in place saying we share responsibility for the drainage as our roof on that side drains onto the carport which slopes to the front where a gutter collects the water and feeds it to a down pipe on the neighbours side. His roof drains similarly onto the carport.

So far the only joint responsibility exercised has been with replacing the gutter and downpipe which our neighbour sorted out with no request for joint funding. What concerns me more is where individual responsibility ends and what happens if/when the fascia rots away causing a collapse of the carport. Yes it is his carport but we benefit by having half our roof drain onto it. Methinks sorting it will be a real payday for the lawyers. He has in passing said if the roof looked about to collapse he would dismantle it and not replace it we would be happy to fit guttering to that side of the house but it would mean our overhang would extend even further over his property. I wish developers would exercise a little forethought when coming up with these sort of designs what the future implications would be. The original developers only interest in the properties now are to use the covenants in the freehold to rake in money. They charged the previous owners £400 when they asked permission to build the conservatory in order to "amend their records".

Richard

Bert Coules

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Jul 24, 2017, 1:25:50 PM7/24/17
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Many thanks to everyone for the new replies; apologies for not responding to
every one individually.

As several people have said, the crux of the matter is the accurate
definition of the exact boundary line between the two properties. It's not
practical to measure the full width of the combined bungalows and divide by
two, but given that when built they were mirror-images of each other, it
seems reasonable to use the two rear-wall window openings closest to the
boundary as indicators, and to halve the distance between them. This, I
believe, is what my neighbour has done (relying on photographs of the rear
of the properties before my rear wall was demolished and rebuilt with
different windows).

By that criterion, the side wall of the ground-floor extension is clear of
the boundary line. The cladding on the end wall of the dormer does make it
wider than the lower wall but it's ambiguous as to whether or not it takes
it across the line. The architect (working from pictures at the moment,
though he does plan to make a site visit) says that it doesn't seem to; I'm
not sure one way or the other; my neighbour claims that it does.

He also claims that the entire construction is closer to the boundary than
is shown in the drawings and that if it had been built in the right place
then the overhang wouldn't have happened. The builder is calling tomorrow
to talk about this aspect.

And that is the situation in a nutshell.

Bert Coules

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Jul 24, 2017, 1:41:15 PM7/24/17
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Robin thanks for your detailed advice; much appreciated. You're quite right
in saying that I regard any physical reconstruction work as very much a last
resort.

Sam

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Jul 24, 2017, 1:44:50 PM7/24/17
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I'm not sure one way or the other; my neighbour claims
> that it does.
>
> He also claims that the entire construction is closer to the boundary
> than is shown in the drawings and that if it had been built in the right
> place then the overhang wouldn't have happened. The builder is calling
> tomorrow to talk about this aspect.
>
> And that is the situation in a nutshell.
>

Hope it all goes well.

We had a similar problem. A two story extension was put up - the wall
was the correct distance from the boundary but what we hadn't realised
was that the builder had put the facia board on the boudary. This meant
that the gutter was a few inches in next doors air-space.

Fifteen years later the neighbour went cranky and demanded that we
pulled the extension down! The cheeky bugger knew very well where the
guttering was as he knew the builder and spent a lot of time chatting to
him during the construction.

He didn't get anywhere with his demands though. My wife worked at a
solictors and a friendly letter calmed him down!



Harry Bloomfield

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Jul 24, 2017, 1:49:54 PM7/24/17
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Bert Coules expressed precisely :
> He also claims that the entire construction is closer to the boundary than is
> shown in the drawings and that if it had been built in the right place then
> the overhang wouldn't have happened. The builder is calling tomorrow to talk
> about this aspect.
>
> And that is the situation in a nutshell.

The methods of determining the mid point of the two properties, all
seem awfully complicated.

I would guess that all that is needed, is to measure the distance
inside to the shared wall, allow a bit more to get to the middle - out
to the window, then measure the same amount from the window along the
outside.

Bert Coules

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Jul 24, 2017, 1:55:55 PM7/24/17
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Harry Bloomfield wrote:

> The methods of determining the mid point of the two properties, all seem
> awfully complicated.

Thanks for that. I think the idea of measuring the distance between two
rear windows and simply halving it is pretty straightforward - assuming of
course that the two bungalows were identical (albeit mirror-images of each
other) when first built.


Thomas Prufer

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Jul 24, 2017, 3:11:57 PM7/24/17
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On Mon, 24 Jul 2017 18:25:49 +0100, "Bert Coules" <ma...@bertcoules.co.uk> wrote:

>The architect (working from pictures at the moment,
>though he does plan to make a site visit) says that it doesn't seem to; I'm
>not sure one way or the other; my neighbour claims that it does.

Let the architect and the builder do the talking, it is their responsibility
now. If they upset the neighbor -- well, they will be off.

If you do, you may have a tense relationship for many years...


Thomas Prufer

ARW

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Jul 26, 2017, 3:57:28 PM7/26/17
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On 24/07/2017 08:48, The Natural Philosopher wrote:
> On 24/07/17 08:43, Mike Tomlinson wrote:
>> En el artículo <bK2dnU2QuoC2QenE...@brightview.co.uk>, Bert
>> Coules <ma...@bertcoules.co.uk> escribió:
>>
>>> Thanks for this and your other replies. Acquiring a sliver of land and
>>> therefore moving the boundary might actually be a workable solution,
>>> if he's
>>> right (and willing, of course).
>>
>> Try and resolve it amicably, because neighbour disputes have to be
>> declared when selling a property and may adversely affect your ability
>> to sell.
>>
> Which he knows full well and will take advantage of.
>
> 1/. Initate a dispute with a neighbour over any issue that is convenuient.
>
> 2/. Escalate it to a seriously unpleasnat level as a way of fircing your
> neighbour to sell
>
> 3/. When no one will buy the place because of the cunt next door, get
> your brother to buy it really cheap.
>
> 4/. Now convert it ointo 17 flats and rent it to illegal immigrants.

:-)


--
Adam
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