Neighbours building extension and removed our fence without permission

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    Neighbours building extension and removed our fence without permission

    Hi

    A neighbour to aa rental property of ours has had planning permission to build a 2 storey extension to the side and rear.

    We weren't aware of this, and apparently they started works a few days ago. I was made aware of it today by our tenants as the neighbours builders have taken down 2/3 of our fence panels which the tenant realised when she got home from work...

    Nobody had contacted me about this.

    Now the neighbours are asking my tenants if they can move our shed, the tenant said they need to speak to me and have them my number. I have since had a call saying they need to move it so the builders can do their work and they will put it back after, but if we don't let them move it, they will lose a couple of inches on their extension.

    My argument was, you have initially taken down our fence without permission (It's my fence by the way) and now want to move my shed, you haven't been in contact to discuss this in advance and now contacting me on a Saturday. I have said no until I look into, they have now asked if I can give them approval to move on Tuesday. I haven't said yes yet, but they seem to think that when my drive was done by previous owners over 14 years ago, half a brick from our drive is part of their drive... But they aren't bothered about that aslong as we let them move the shed!

    Since starting the work they have put wire fencing on to our property as they are building upto our boundary, which has disrupted our tenants being able to park and done things without our consent.

    Where do we stand in a dispute of this nature.



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    #2
    See this thread I have just started: https://forums.landlordzone.co.uk/fo...ng-permissions.

    They had no right to take down your fence and have no right to remove your shed even if they promise to put it back up. The interference is trespass and probably amounts to criminal damage. Make it clear you will involve the police if they touch your shed and do not reinstate your fence immediately.

    As to your drive extending by half a brick they are having a laugh, as the saying goes.

    Comment


      #3
      This is where the Party Wall legislation is handy. What most people don't know is that even if you are detached it may still apply and as for the builders removing a fence - that could be criminal damage and needs to be sorted ASAP

      Do you live close to the property ?

      At the end of the day the neighbours need your agreement to even step onto your property and you don't have to agree at all. We know all about this because our neighbours prevented our builders from having any access for our extension - which made the build more complicated and expensive - the outcome is that don't talk anymore.

      Also - have a look at the local planning portal to see what plans have been lodged and agreed too.

      Comment


        #4
        Thanks guys. If I call the planning department, is that something they could b help with? So frustrating when people try to take advantage!

        Comment


          #5
          Originally posted by Bounce View Post
          If I call the planning department, is that something they could b help with?
          The planning department will only be interested if they are not building according to the planning permission. They have no authority to deal with property disputes.

          Comment


            #6
            I see. If they are potentially trying to take a few inches of our land (this is the only reason why I can see they have removed our fence and want to move shed!) maybe they are not building to planning permission.

            Who would we contact in situations like this...

            Comment


              #7
              Where there is an x and arrow is the fence they have removed and obviously you can see the have the mental health fencing on our drive..all without consent or consulting us

              Comment


                #8
                I had a very similar situation a few years ago. The offending property owner pleaded ignorance and blamed the builder, the builder just wanted to continue the works regardless as they were under a contract and tight timescale.

                Worst case you can threaten to serve an injunction to stop the works pending resolution of the outstanding issues, and (as a minimum), I recommend the appointment asap of a party wall surveyor to represent you, the cost of which should be borne by your neighbour.

                Please don’t make the mistake I did – when I met the neighbour on site for the first time, she was pleasant (unlike on all other occasions) and I fell into the trap of agreeing to have (my) party wall surveyor represent her too. I do not recommend this, ensure you each have independent surveyors to represent you. In my case the situation with very adversarial with extensive legal costs which I had to fund and short of actually going through court proceedings (which at that time I was unwilling to do) the matter remained unresolved and I was left with a big legal bill.

                Good luck.

                Comment


                  #9
                  NB: if they are building up to the boundary, the footings will be on your land

                  Comment


                    #10
                    Originally posted by Neelix View Post
                    NB: if they are building up to the boundary, the footings will be on your land
                    This is what I thought... But should I have been informed of this? Could this have an affect on my land / property?

                    Comment


                      #11
                      Originally posted by Namaste View Post
                      I had a very similar situation a few years ago. The offending property owner pleaded ignorance and blamed the builder, the builder just wanted to continue the works regardless as they were under a contract and tight timescale.

                      Worst case you can threaten to serve an injunction to stop the works pending resolution of the outstanding issues, and (as a minimum), I recommend the appointment asap of a party wall surveyor to represent you, the cost of which should be borne by your neighbour.

                      Please don’t make the mistake I did – when I met the neighbour on site for the first time, she was pleasant (unlike on all other occasions) and I fell into the trap of agreeing to have (my) party wall surveyor represent her too. I do not recommend this, ensure you each have independent surveyors to represent you. In my case the situation with very adversarial with extensive legal costs which I had to fund and short of actually going through court proceedings (which at that time I was unwilling to do) the matter remained unresolved and I was left with a big legal bill.

                      Good luck.
                      Thank you, out of interest, how much roughly was the legal bill? I can't understand why they think it's OK to just turn up and take over my property without my consent!

                      Comment


                        #12
                        You should have had notice from the council and plans are available online. I know it is not a matter for the council but this should have made you aware. Perhaps the tenants did not forward the notices?
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment


                          #13
                          We didn't have notice, I am not sure if the tenant had any notification...

                          But surely somewhere, even though they have planning granted, they can't be doing what they are doing, and if their footing potentially goes onto my land, surely planning wouldn't approve this?

                          Comment


                            #14
                            Originally posted by Bounce View Post

                            This is what I thought... But should I have been informed of this? Could this have an affect on my land / property?
                            you need to immediately instruct the neighbour that you refuse ANY access to your property and this can include your “air space” - which means directly vertical from the boundary line .....

                            you can legitimately do this and there is nothing they can do about it

                            Comment


                              #15
                              Planning do not get involved - you can obtain planning permission on someone else's land. You tick a box to say you have informed them though! I am almost certain that you would have received notices and that the planning notification would have been strapped to a lamppose outside your propperty. Get onto you council website and find the planning application - that will tell you who was notified.
                              Unshackled by the chains of idle vanity, A modest manatee, that's me

                              Comment

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