Property line dispute, any advice?

Mandofred

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Where is the boundary line, the edge of his tarmac or the outside edge of the edging stone.?
If the later, it looks like your fence is over the boundary line. Also fences adjacent ot the highway (in this case a public footpath) cannot be higher than 1m without planning permission.
I agree....right at the very bottom edge my fence guy went over by 1/2". I think that drove my neighbour even MORE nuts. Nothing I could easily do afterwards, although I mentioned it to the fence/wall/fence guy....kind of....have I mentioned he's deaf? Communication is always iffy with him.

But.....I get back to my actually measuring the property and he is on our side by MORE than that 1/2 inch(at least 4 inches....which I could care less about). He won't measure.....he has stepped back and "looked at it" and decided that he should have more.
 

CliveW

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OK....possible stupid question....how do you "talk to the council"? I can put my requests into the online form with the plans....but that's not "talk to the council". Quite simply.....will the "council" even care? Planning dept?
Can you not telephone the planning department?
 

GB72

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Other option. Look at the covenants on both properties. Look at consent to extend, rights of light and air, overhang, land use restrictions etc. Any one could be there
 

Mandofred

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Can you not telephone the planning department? There should be some reference on the notice posted on the pole.
I just went out to look....no phone numbers. Just reference to the planning folks.

It would be nice to talk to someone, but I think that is a bit more than will happen.
 

Dibby

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How tall is the planned extension?

Do you have any windows near to where the extension will be built?

These 2 factors will likely give you the most sound reason to object that could be upheld.
 

Mandofred

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Other option. Look at the covenants on both properties. Look at consent to extend, rights of light and air, overhang, land use restrictions etc. Any one could be there
According to my wife (source of all knowledge NOT called Google) who has lived in this area for a bazzilion years (she's looking good for her age).....there were covenants, but not concerning this. And....my concern isn't that they want an extension, we have no issue with their having an extension.....our concern is with them being nuts and who knows what will actually happen.

I need to try and call/contact the planning folks.....not sure anything will come of it. But, I need to try something. I went to the citizens advice folks a year or so ago...absolutely worthless. In fact, gave me wrong advice.
 

Mandofred

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How tall is the planned extension?

Do you have any windows near to where the extension will be built?

These 2 factors will likely give you the most sound reason to object that could be upheld.
We don't wish to object to the extension.....we have no issue with what we have seen online with the plans. Our only couple of "possible" issues is with the side facing us.....hopefully it will have a gutter to keep the water off our side/fence. And.....just not trusting them....at all. Luckily....we are retired and are home almost all of the time.
 

Dibby

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We don't wish to object to the extension.....we have no issue with what we have seen online with the plans. Our only couple of "possible" issues is with the side facing us.....hopefully it will have a gutter to keep the water off our side/fence. And.....just not trusting them....at all. Luckily....we are retired and are home almost all of the time.

It's binary, you either do nothing, approve or object. If you have any number of issues you object, of course you can withdraw your objection when the issues raised are resolved satisfactorily.
 

Mandofred

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Yep...already been on this site.....any effort would have done the same. But.....other than sending in a "comment",no direct comment ability mentioned that looks like someone will notice.

I want to TALK to someone. Someone intelligent. Even if they tell me to bugger off and give me some reasons why.

It's binary, you either do nothing, approve or object. If you have any number of issues you object, of course you can specify that you will withdraw your object when the issues raised are resolved satisfactorily.
I'm a fact person. Retired teacher (PE/Health/Science). I like facts. It would really help if there were plans online....or you could at least get hold of....that gave the EXACT dimensions of your property. Unfortunately.....in this country....that's an iffy thing.
 

Dibby

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Yep...already been on this site.....any effort would have done the same. But.....other than sending in a "comment",no direct comment ability mentioned that looks like someone will notice.

I want to TALK to someone. Someone intelligent. Even if they tell me to bugger off and give me some reasons why.


I'm a fact person. Retired teacher (PE/Health/Science). I like facts. It would really help if there were plans online....or you could at least get hold of....that gave the EXACT dimensions of your property. Unfortunately.....in this country....that's an iffy thing.

The comment will be considered by the planning committee, hence if you make it a pointless rant it will be ignored, but you specify valid concerns they will be considered and the permission denied or permitted with conditions.

You can also request to attend the meeting and speak in support or obection in front of the planning committee who will then vote to form a decision.
 

Mandofred

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Have you considered the outrageous suggestion of sending them a succinct and coherent message via the portal requesting a phone conversation??
This is England.....is this even possible here? (sarcasm). But.....it won't hurt to try.

Just had a "rant" with my wife about how it is so hard to get property dimensions here. It still seems to come down to the UK way of describing things....."that's the way we've always done it". My wife was not impressed.....;)
 

Mandofred

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The comment will be considered by the planning committee, hence if you make it a pointless rant it will be ignored, but you specify valid concerns they will be considered and the permission denied or permitted with conditions.

You can also request to attend the meeting and speak in support or obection in front of the planning committee who will then vote to form a decision.

You can do this? I'm not being snarky.....I didn't know you could do this. If it's possible, I will request this. Thanks.....hope it's possible.
 

Mandofred

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This finally sparked another couple of brain cells to start working. I regularly talk to my local councillor when I'm out for my morning walk.....we stop and chat a fair bit at times. I haven't been going on my usual river walk these days because of the deep deep mud....he runs his dogs down there. Maybe the next few days I will head back down and see if I can find him.
 

Tashyboy

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I just went out to look....no phone numbers. Just reference to the planning folks.

It would be nice to talk to someone, but I think that is a bit more than will happen.

just had a google

If you would like to talk to the duty planning officer, one is available between 9am and 1pm on 01423 500600. The duty officer can provide advice on ...


try that ?
 

backwoodsman

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One thing you should bear in mind is that the Party Wall Act covers more than just party walls - it covers building works close to boundaries & property. For a moment, forget the precise location of the boundary and think about your actual house. If the new extension will be within 3metres of your house and the foundations of it will be deeper than yours, then he is obliged to serve formal notice on you - with a view to reaching agreement as to how your foundations/property will be safeguarded. If your foundations need strengthening, he has to make the necessary arrangements. You really need to read up on the Party Wall Act. Use the link spongebob gave, then from there follow the link to the information booklet.

At the very least, now that the planning notices have been posted, you need to make a response to the planning department. If you are generally happy with the proposal (as regards design, possible light restriction etc etc) you should reply along lines of "Due to the proximity of the proposals to my own property, I object to permission being granted unless all requirements of the Party Wall Act 1996 are met". That at least flags the matter - although the Council can't enforce it as its a civil matter between you two. If you dont like the proposal at all, then you should respond to the Council setting out your full concerns/objections as well.
 
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cliveb

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It's now over a year since we first received notice from the council that the new neighbours were applying to build a HUMONGOUS extension. A Party Wall Award was made, the (slightly modified) plans approved, and since then it's been hell. The last time I spoke to them was a rather frosty phone call, during which he accused me of being a bad neighbour! Work started in April and is still not finished. They have played the system and are going to get away with it.

The fundamental problem seems to be that the law doesn't appear to be based on what normal people would regard as natural justice. Our only way to resolve this has been to move house, which costs a lot less than hiring lawyers. We just exchanged contracts earlier this week.

l fear the OP is between a rock and a hard place.
 
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