Not legal to just trespass on your property without your consent. Get photographic evidence of everything. You’ll need it. If necessary get a letter from your Dr regards all of the stress and strain you’ve suffered. Your quite within your rights to get legal representation but speak to CAB first (be aware there may be a long waiting list). Good luck with it all.
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Neighbours extension
(96 Posts)Since moving in our new neighbours have built a large extension right up to the building line. We are in a semi detached bungalow. They did get planning permission. To do the brick work the builders took down the fence between us and used are garden for access to do this. DH mentioned to them it would have been nice to have been asked about this. They didn't seem at all bothered. We are out at work all day and have come home on several occasions to damage to our property- Indian stone patio slabs 3 smashed and concreted back together like crazy paving 2 terracotta pots broken with the roses in broken. We drew there attention to this they said it would be sorted. The build is now finished builders gone. They've replaced a piece of guttering ours about 2 foot to join to extension in black it was originally white there also cut the fascia board to slot theirs in but left it short they've now told us there's a 6ft fence going up but they are putting one down side of the extension wall. To stop us growing anything up it they said. So they will once again have to come into our garden can they legally do this? Its going to cost up to up right what they've done to our property or to get legal advice. Money we can't really afford. Any thoughts please. Will try attach a photo so you can see. The brick wall to the left is right up to the building line anything to the right is ours. I've been prescribed antidepressants since this all started. Its getting so bad I now very rarely go out into the garden and keep the blinds of the conservatory closed.
Thank you in advance
I agree entirely with MOnica. You have been too lax with them and now they are doing whatever they want. They cannot encroach on your land(boundary line) without your permission. Also if you were to sell your property the new buyers would see that some of your land has been used by your neighbours and this could cause problems for you. Take a firm stand.
I am sure that they can’t build a fence on the side of that wall because e fence will be on your land ! They can build one up to the wall on the boundary that is all . You must make that absolutely clear or in effect they’re stealing land from you . Send an official letter to the effect .Immm no sure citizens advice will be able to help. Just stick to your guns and don’t let them grind you down!
As I understand the build of a semi-detached bungalow which you say you live in then there would be little need to use your garden for any type of access to bring in materials etc. The only time that the builders may have needed to be on your garden ground is to finish the section of build nearest the dividing fence which may or may not be shared between the two houses or it may indeed be their fence (you need to check title for that one). It sound like the builders were not from the best company given the damage you mention. Most companies ask the householder to remove anything that could be damaged such as planters etc. It could be that the householder that has had the extension built didn't realise that the builders would need to have the amount of room and access that has happened. There are a lot of people who do not like greenery growing up walls and many surveyors are quite against this as it can disturb the foundations of buildings and over time loosen brickwork and let moisture and water in behind the bricks causing damage. It is just a pity that you didn't get a chance to look at the drawing at the planning stage where you could have raised an objection/requested changes to the drawing.
This is outrageous! Please tell your neighbours that they mustn't do anything further until you have taken advice. Explain clearly that they do not have your permission to access your property. I would also put this in writing. Then go straight up to the planning office followed by a visit to the Citizen's Advice Bureau. And I would also calmly point out to your neighbours the deficiencies in the work done by their builder and ask for it to be rectified. Please don't stress about this. Be calm polite but firm.
Hels001
I don’t often comment so I hope this gets to you, I think council first, building controls that guttering isn’t going to work it’s going to rain and the excess will be down your wall causing damp, issues, you could have refused them entry, if you had known,.please contact your council and check other details it’s sounds like they could have taken other liberties damage to your property while trespassing!
As they have built up to their half of the property dividing line with the extension wall on the line itself - you need to insist that any fence they wish to put in needs to start from the front corner edge of their extension, otherwise they are in effect trying to steal a strip of your land. In other words the extension wall will take the place of the first part of the fence. sorry if anyone else has suggested this. Just got really angry on your behalf at how inconsiderate and entitled some people are. They are hoping that you will be browbeaten and not say anything. As others have suggested get a half hour appointment with a solicitor and get them to do you a letter or do a letter before action yourself laying down your terms etc..google letter before action if you aren't sure what it is.
I would let them put the fence up from their extension just to have privacy from them, hopefully it'll be a high one and then you can plant some quick growing roses for extra privacy etc... Good luck
Where I live in Sussex all planning applications are online. I expect everywhere is the same. You can see the plans, all the paperwork and any objections but without the persons name. You can enter any objection you might have very easily but before the build of course. I don’t think you can suddenly complain afterwards unless the builders have built wrongly.
Re moving .My sister's property was the same and she thought no-o ne Will buy her house now even if she did ! sell she loved her home and stayed .Stress and took over their lives for years devalued their property in effect
What do you WANT to happen now?
Will the new fence be in the same position as the old one?
I rather like the two-tone guttering! And it looks as if you already had a black downpipe from your white gutter?
Hi I feel so sorry for you having to put up with all that.from my sister's experience roughly the same thing. .I would say sort it as quickly as you can .As others have advised
My sister had an elderly neighbour in her eighties who employed a gardener .they all got on quite well. Until neighbour decided get this gardener to build her a conservatory with very little experience it seems. The brick wall he constructed was also on and over the boundary line .they told him when building it but he carried on sisters partner was disabled so couldn't do a lot .he finished this wall it wasn't straight and encroached even more on sisters property. So obviously wrong my sister had the council out who sympathised but said As it was a conservatory with more glass than brick they couldn't do anything. .the woman also want ed guttering added to the top which my sister said no way to As it was already on her property so it ended up with no guttering . The neighbour also can't open her windows as that also is going into my sister's property it was so bad .at an angle too. Then my sister wanted to put a fence back up and the woman said no .So my sister.had a gap between the existing fence she had and woman's glass on conservatory which was on her land it was a nightmare police were called out by both sides they wouldn't get involved woman was issuing threats saying if she died her daughter would live there and make my sisters life hell for what ? It was so wrong anyone could see it . Cheryl had to sit right next to neighbours brick wall where her patio was before. .they had to install cctv from upstairs as woman and gardener were getting nasty .so had proof when police were called. cheryl died a few years ago but this neighbour made years of her life hell. She was same feeling couldn't go outside her house wasn't her own in hindsight they said they should have told the gardener to down tools and get off their property but he carried on the law should be on your side.But seemed it wasn't .the neighbours conservatory ended up damp couldn't open windows even but still insisted she was right there's supposed to be a gap between building and neighbours property so they can clean and open windows and fire safety I imagine but none of that was done . My poor sister had to give up .short of going to court over it costing a lot of money it was the threats she had that really annoyed me . Then a dispute started over who owned the fence and how the boundary had changed due to someone moving fence when it was way over the dividing line on the houses no way was it the neighbours to build on I hate to think anyone's going to go through all that but best sort it now not put up with it. once you haven't complained they will think you're happy with it. It really shouldn't be like this.
Are you able to negotiate with anything? eg ‘I will let you come on to my property to do such and such but before I give you permission you will have to fix this and this’ etc
The builders came into your garden, took your fence down. No, they should not have done that. The builders broke slabs, pots and a rose and put up black gutter instead of white - these were all done by the builders not the neighbours. Do the neighbours even know about the breakages? Were they aware the builders came into your garden? Or put the wrong colour guttering up? The neighbours may have just employed someone to do a job and got on with their own lives and not realised what the builders had done. I have men building my extension and if they smashed next door's pots but didn't tell me I wouldn't have a clue. The neighbours may be nice people but unaware you are depressed and not enjoying your garden because of these issues. Personally I would either chase the builders for compensation or, more likely, just put all that has already happened behind me and focus on the issue of the fence. If you don't want a fence against the wall then tell your neighbours you don't and make it clear they cannot come onto your land to do this - but would it really be a bad thing? It doesn't sound like they are trying to steal your land. Don't object to it just because you can, the fence might be nicer than the wall. Life is too short to make enemies when they could be friends. I would only go down the legal route as a last resort as (as others have said) you would have to declare this if you were selling your house and it will definitely create a horrible atmosphere to live in. Have a think about the fence, if you definitely don't want it go and ask the neighbours for a chat, tell them you don't want the fence and also ask for the builders contact details as you are unhappy re the breakages/guttering. Good luck and hope all works out well.
There are so many people who are so ignorant and selfish they just dont seem to care about how their extension affects neighbours.
Damage to your property is outrageous. Good idea to go to Citizens Advice. But personally I would email the building company with details of all the damages. With pictures if possible. Send them costs of replacements/repairs required to restore everything to the previous condition. Be polite, but don't mince your words. Give them a deadline to respond. Sometimes all that is needed is a direct approach. Many companies don't want to incur a bad reputation. Worth a try.
Looking at the photo, all of their guttering is over your boundary. Unless you gave them specific written permission to do this you can insist it is all taken down.
We had to do exactly this as the guttering on our side hall extension overhangs our neighbours' garage flat roof.
We obviously discussed it with them beforehand and they were quite happy to agree to this, as their garage wall had never been pointed properly and the floor flooded badly when it rained.
The previous owners of our house had refused our neighbours' builder access at the time their garage was built, so the side wall couldn't be pointed properly from the outside.
Our new guttering bridged that small gap and cured the leaks for them, which they were very happy about.
The building inspector who came was more concerned about this one issue than anything else.
My neighbour had typed up a permission letter which we have on file.
But it all had to be done officially and upfront, which it was.
How did you get on with the neighbours before the building works started.
It’s never a good idea to fall out with neighbours but unfortunately you should have spoken up right at the beginning.
I can’t understand why you haven’t been in touch with the planning department. The name of the person who is dealing with this planning application will be on the letter of notification you had before the work began. Why have you not consulted that person and tried to sort out the issues you’ve had with the builders coming on to your land and some damage being done. You need to consult them before the fence goes up.
It should of been your neighbours you spoke to not the builders. Ask them to come and look at the damage and present them with a bill.
Oh my goodness, my heart goes out to you. Having experienced something very similar I understand your need for medication.
When it happened to me twenty years ago the law said I had no right to stop the neighbour coming onto my property to do the work. I hope it's different now for your sake.
All the very best to you. I hope things improve.
Sounds awful, I would move. You really don't need to be coming home to stress every day.
If it affects you at all you should have had a letter advising you of the proposed build, and inviting you to submit objections, if any. We've lived in a terraced house for forty years and have had hundreds of these letters. One of our near neighbours has regularly objected, but the builds went ahead any way. This year my DH insisted on objecting to a projected loft extension planned for this Summer which will enable anyone in it to see directly into our bathroom and a bedroom. Waste of time. As long as what is being erected isn't going to be higher than the highest surrounding building, it will happen.
In your position I would issue a "letter before action" specifying compensation for the damages and standard daily charges for the use of your land.
Your next step would be a small claims court. If your neighbours fail to pay up its only about £70 to transfer to the high court and get the sheriffs.
My vile neighbours have on three occasions allowed workpeople onto my property without notice or permission to do work on their gutters. On the last occasion the "workmen" were attempting to make recycled fencing panels fit the existing concrete posts. They used an industrial grinder on MY side of the fence which was directing clouds of concrete dust towards my house. No protective clothing, warning notices etc. They left quickly when I threatened to call the police.
After that I issued my NDN with a strongly worded Cease and Desist threatening legal action for any further incursion onto my property. In my message I made it clear that I would not unreasonably refuse permission if the work on their property was absolutely essential and could not be carried out without using my land. However I specified standard charges for use of my property and for my work in liaising with and supervising workpleople on my land, plus the right to impose indemnity charges for damage.
The letter ended by stating that in the event these instructions were not followed legal action would follow.
Also as it’s understandably getting you down, do you have a friend or family member who can bat for you, and take some the pressure off you …
I feel for you Hels001! We had a terrible time with neighbours on both sides (we are mid-terraced) building extensions using the same builder, one after the other!
Both had to arrange for a Party Wall Agreement. This agreement is drawn up by a surveyor who checks your house before work commences, at the neighbours cost. As I understood it, it was to protect both parties in the event of a problem following excavation near our foundations. It may not apply in your case, but I thought it worth a mention. Maybe they were told about it but chose not to do it - I don't know if the council checks that there is an agreement in place. There is a lot of information about it online, but I don't know if it can be done retrospectively.
The other thing that may be worth a note is that if they have built up to your boundary, their gutter is probably 'trespassing', which I don't think is allowed, so it may be something you could use to get them to behave.
Do get some legal advice if you can. Good luck.
Definitely get legal advice, & take lots of photos
I’m also wondering if you can get advice from your council as the planning was granted from them?
But they aren’t allowed access without your permission or put anything permanent on your ground, and must pay or repair to your satisfaction
Sounds horrendous I’d be fuming, Do get it sorted and your peace back …
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