Neighbours extension

Refuse them access to your property...surely you can do this...and tell them they haven't finished the previous job properly and to YOUR satisfaction...and until they make right what they damaged you won't be giving them access...if they go in your garden then you can phone the police...am I being naive or is this possible?

You may have legal advice as part of your house insurance.

So they have effectively attached their building to yours? I wouldn’t be happy either, legal advice for sure,

Tell me if I've got it wrong, but my understanding of it from your photo is that your neighbour intends to erect a fence on the side wall of their new extension (the left wall in the photo). That would mean that the fence posts would actually be on your side of the boundary. They can't do that, and certainly not without your permission. Any fence posts must be on their side of the boundary.

If a fence is put there weeds will inevitably grow up between the fence and their wall and it will be impossible to get at them to remove them. Your neighbours will be totally unconcerned about it as it will be on your property and they can't see it anyway! They will only be aware of a problem when their side wall becomes damp from the build up of moisture in the plants. We had exactly the same situation in our last house. We took down the two fence panels our neighbour put up and returned them to her together with the twelve-foot weeds and a dead rat which had got stuck between the wall and the fence!

As others have said consult the CAB or a solicitor and provide photos, measurements, exact position of the boundary line and details of damage already caused to your property. Everyone wants to get along well with their neighbours, but I think you need to make your position and feelings clear from the start.

Planning permission doesn’t involve any judgement over legal ownership or rights and obligations. For example, I might get permission to build an extension on your property even though I don’t own it (building speculators sometimes do this). Ownership is not a concern of the council. They cannot build on your land or insert fence posts on your land (as opposed to on boundary line) without your consent and/or buying the strip they’re taking over.

Follow Monica's advice. Sorry you have had so much hassle.

Also you should be able to view what was applied for on your council's website, simply by inserting their address in the Planning section and check it against what is actually there. Unless of course it was within "permitted" limits.

As Esspee says. You have let this get too far already.

Assume you have taken before and after pictures. Act fast now.

Poor you. I really empathise as I have been depressed by neighbours' behaviour too.
If you bought your house did you know that they were going to build this extension? It should have been on the Property Information Form you got from the sellers.
If not then you may have a case against the previous owners and/or solicitors.

Firstly, I think you need to check the extension has been built according to the planning permission that was granted, so many people overstep the regulations which leads to situations exactly like yours or worse. You could consider asking the building inspector from the council to come and take a look, I certainly think that things are not quite right.

Get a written quote for replacement of the damaged slabs, plant posts etc and present this to the builder and a copy to your neighbour advising each of them that the other has a copy. The very least they should do is replace your broken slabs like for like, a bodged repair with cement is not acceptable.

Also, can you lock your property whilst you're out at work to prevent any workmen accessing when you are not at home? Alternatively, you could consider putting leave in and being at home when they next come to do any work and watch everything they do.

If you take ‘Which’ magazine you can ring them for advice. They were great for us when a builder took our money and did a bunk.

The moment the workmen turn up to do the work, you need to ensure that they do not place posts in your garden. If you make enough fuss, reputable workmen will not want to get involved in a dispute between neighbours. Alternatively, give notice via a solicitor that you will take legal action if they place fencing or posts in your garden but you will allow them reasonable access in your garden once they have paid for/put right the damage already caused. Sometimes you need a sledgehammer to crack a walnut. Also, make sure you have legal protection on your household insurance just in case.

A couple of links which might help:

www.gov.uk/party-walls-building-works

www.wilsonbrowne.co.uk/news/personal/can-i-access-my-neighbours-land-to-carry-out-building-works-to-my-home/#:~:text=Generally%20speaking%2C%20unless%20under%20specific,without%20their%20permission%20is%20trespassing.&text=If%20your%20works%20are%20such,land%20even%20without%20their%20consent.

As others have said - a lot of solicitors will do a free half hour consultation, and a letter from them to your neighbours won't cost much. And do check your house insurance to see if you have legal cover going forward (if you don't, it might be a good idea to add it when you renew)

Totally agree with Esspee.

It might be worth checking out your home insurance. I have a helpline number with mine for legal advice...they were very,very good on the one occasion I needed to use them.
While they may have been granted permission ie planning, this won't include free access to your property etc.

If they illegally put fence posts on your land and trespass to do so, you have a legal right to remove them , you would have to return the posts to them , or take them to small claims to have them legally required to pay for the removal

There should have been a Party Wall Agreement in place before the build started.

www.gov.uk/party-walls-building-works

Have the regs changed to allow the wall to be on the perimeter like that? When we had an extension built we had to be inside a tad to allow for the foundations. The builder concreted the strip of ground in the hope of stopping weeds etc.

Quite honestly, I'm surprised this was ever given planning permission!
Using your property without permission is surely trespass and the fact that they haven't repaired any damage and are dictating what you can grow in your own plot of land is not on.
Also wonder if this extension is true to the measurements in the planning permission.
You need legal advice and it might also be an idea to contact your local council too

My nextdoor neighbours had an extension on the back of their house to make thier back bedroom bigger. Nobody told us so I got intouch with the council and a man came round and said the neighbours should have told us but they granted them permission. The workmen spray painted the extension and our garden furniture. When my husband complained the lady next door said oh you have to expect some mess. Anyway the workman cleaned our furniture and we are polite to
our neighbours but not friends but im not bothered about that. People just think of themselves im afraid.

After re-reading your original post I think you're getting upset about things you can't change as well as those you can. Monica gave the most accurate advise for what action to take and I'd certainly follow her advice. That said why are you keeping your conservatory blinds down? surely you have more privacy now than previously. A brick wall isn't very attractive but has compensations as it will retain heat and you will be able to grow things that previously you couldn't. They can say what they like but they can't actually stop you. Try to develop a positive outlook, see a solicitor and plan what you can grow to improve the outlook and make sure they are aware they can not set foot on your property again without prior consent from you. A solicitors letter won't be that expensive so get that sorted as your first priority and don't let the ignorant neighbours get you down.

ValerieF, the OP has been doing what you recommend since the the extension began and doing as you suggest is the cause of the problems she has and distress it is causing her.

What was needed was polite firm action when the problems started. Now everything has gone so far that I can see no alternative to legal action or just letting the neighbours ride roughshod over the OP's property, put their fence on the OP's land and commit, who knows, what further trespasses.

Please don’t just let this slide. Otherwise they will walk all over you and ignore your concerns.

I would take some advice, solicitors usually give a half hour initial consultation without charge, but Citizens Advice can help too. I would also check the planning permission to make sure they have complied with what was granted, you can do this by going online to the planning portal or even speak to planning. They should not have come onto your property without your permission. I think your neighbours have behaved appallingly and have shown you very little respect. Good luck.

If I were you I would contact your local council's planning department who would have granted permission in the first place. The builder has to follow the agreed plans. They can't deviate from them without contacting the council about amendments to the existing plans. Having said that some people think getting the green light from the council gives them carte blanche to build what they like. Sounds like your neighbour comes into that category. I would be on the phone very quickly and ask for someone from the planning department to come out and have a look.