Neighbours building into my garden

thanks tosullivan ;) i was thinking of going to the papers with a photo of me hitting my head against it on the front cover!! haha (only joking) can you believe this joker is teaching children in our community!!
 
Legally you cannot damage someone else’s property. So obviously knoching the wall would do this. He would sue you and win
 
If its a proper dividing wall then its both your wall so you could use it if you were to extend, however it does not sound like a proper dividing wall, there should be no guttering hanging into you garden, definitely not. It should be one straight wall down the middle with capping on top. It’s obvious what happened here. An elderly man who owned the house wall in long time care and the next door neighbour took advantage. You need to get professional advice, it sounds like you have a strong case. I would say the building will stay but you may be compensated
 
venice said:
If its a proper dividing wall then its both your wall so you could use it if you were to extend
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lets just say capperdown's family decide to extend similar to his neighbour.

Now his extension won't be able to use the full width due to his neighbours guttering hanging into their garden.

Capperdowns guttering starts at the neighbours guttering and then their extension inside this...

This is the problem I see and have seen on a house at the back of mine...
 
exactly tosullivan. If we wanted to do the same thing we would not be able to.
I really want to set the ball rolling in taking some sort of action. im impatient i suppose. my father is waiting, he wants to sort stuff out amicably. he sees going to enforcement department as enough for now and he is going to contact the neighbour directly himself again in writing. maybe he's right. all i know is i have to stop thinking about it or i will be going to B&Q for those sledge hammers then i will be in an even worse position!! :)
 
maybe you should tell the neighbour you have gonbe to the enforcememnt division and that if they continue building it might cost them more to take it down rather than rectifiying it now
 
did you see the guy on telly the other night who demolished his neighbours whole house with a digger.... ahhhhthe satisfaction!! lol ha ha

well thank you everyone for your suggestions. to sullivan yes, that's what we did. we told him we had gone to enforcement. the building has not passed building control and now he has to do something about it. Is there time limits given on making corrections to building works?
 
am wait a sec now, if ye didnt own this house when all this work was being done, then surely its nothin got to do with ye now, you shouldnt have bought or moved in or whatever the situation was into the house unless you were happy with the man next doors building..
 
Could the OP plant trees near the offending wall?, with a view to roots damaging the wall, by accident of course.

Or what about an aggressive ivy?, that works its' way into the render etc, and damages the wall that way?

Surely if the wall is on the OPs land he is free to drill holes in it etc?

What about undermining the wall, by digging a trench in the OPs garden, and filling with water? Can the OP dig a trench right to the boundary, even if that extends under the wall?
 
The law is the law. Verbal agreements mean nothing. Building beyond the boundary of your property into someone else's simply isn't allowed.

There are two types of house extension: those that need planning, and those that don't.

If it needed planning then he is not in compliance simply the local authority would not have agreed to him building on your side.

If it was an exempted development then certain rules apply, and one is that said development must be within the curtilage of a house. (Aside: There's a minor technicality with the deifnition of the word curtilage in ROI so replace it with the word boundary).

An exempted development simply cannot be built on or beyond the boundary line.

The planning enforcement section of your Local Authority will take care of this. Complaints are free and anonymous.

That's the situation in ROI. The UK is different and the laws are a better worded and defined. Your first stop would still be the Local Authority planning enforcement section I'd imagine.
 
Yes, but even if it's decided that the building is in breach of planning, or that planning was not required but that the building is in the wrong place,on someone elses land... it still isn't clear what can be done about it...

Knocking down the building is too severe in many cases, so once it's up it may stay.. but how can alternative compensation be agreed? It's tricky I think...
 
Where it's built in someone else's garden there is no real alternative to pulling it down. The LA would have no grounds to grant retention unless part of the garden was sold to the offending party first.
 
Yeah.. but it's only one inch or so into his garden (if at all)... and even then that may be hard to be sure of, due to limitations of maps... it's the overhang of the guttering etc which is larger, of about 11 inches or something... so pulling it down is pretty extreme...
 
If it crosses the boundary it crosses the boundary and there is no remedial solution. The boundary has to be moved or the structure has to be removed.

No LA is going to sign off on building 1mm on someone else's land.
 
rockofages said:
If it crosses the boundary it crosses the boundary and there is no remedial solution. The boundary has to be moved or the structure has to be removed.

No LA is going to sign off on building 1mm on someone else's land.
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100% agree. Its very black & white IMO. If you build over the boundary then you must expect & accept the consequences - have it removed / demolished / cut back to your side.
 
Yes, I agree... but I'm playing devils advocate... how is the boundary itself located to within 1mm? I have heard on this site that boundarys can be hard to locate exactly, so if it's only one inch it may be hard to be sure.

I agree that if the boundary is marked by a wall for example, and the wall is agreed to be centered on the boundary, and if the building is clearly 'moved over' in relation to the boundary marker (the wall), then it might be easy to prove.. however if it is only maps or the like, then I think there could be problems... is it not the case that some boundarys are not located, on the ground, to closer than about a few feet or so...
 
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