A problematic situation has arisen regarding the exntesion I'm having
built. Basically, it's a two storey side and back which goes over an
existing sde garage. The house next door has a garage adjoining
ours. The problem is this, the extension basially goes right up to
the boundary and therefore soffit and guttering on the upper floor
will hang over the boundary - clearly shown in the plans as such. We
haven't invoked the Party Wall act, largely because our neighbour has
been so laid back about the whole thing and has just said that he
doesn't mind what happens, we can just do what we have to in order to
get the thing built. The building control officer came to look at
something earlier in the week and he pointed out the situation with
the boundary.

Now, my neighbour intends to sell his house, when we've finished so
would it be in our and his interest to have some sort of written
agreement about overhanging his boundary with the guttering etc. ? If
so, would a solicitor have to draw it up or could we just write
something ourselves ?

And the answer to the question "why do you have to build right up to
the boundary?" is - I don't know the people who we bought the house
from drew up the plans and got permission for them, we're just doing
what they intended to do. And no, I wouldn't do it that round again!

Thanks for any advice.

Matt Kelly

Now, my neighbour intends to sell his house, when we've finished so
would it be in our and his interest to have some sort of written
agreement about overhanging his boundary with the guttering etc. ?

No. You'd end up in a world of hurt with flying freeholds and all sorts of
nonsense. It is possible to design a boundary wall with no overhanging
guttering and I suggest you redesign it to do so.

Christian.

On Wed, 25 May 2005 15:10:48 +0100, TRK's Dad
wrote:


A problematic situation has arisen regarding the extension I'm having
built. Basically, it's a two storey side and back which goes over an
existing sde garage. The house next door has a garage adjoining
ours. The problem is this, the extension basially goes right up to
the boundary and therefore soffit and guttering on the upper floor
will hang over the boundary - clearly shown in the plans as such. We
haven't invoked the Party Wall act, largely because our neighbour has
been so laid back about the whole thing and has just said that he
doesn't mind what happens, we can just do what we have to in order to
get the thing built. The building control officer came to look at
something earlier in the week and he pointed out the situation with
the boundary.

Now, my neighbour intends to sell his house, when we've finished so
would it be in our and his interest to have some sort of written
agreement about overhanging his boundary with the guttering etc. ? If
so, would a solicitor have to draw it up or could we just write
something ourselves ?

And the answer to the question "why do you have to build right up to
the boundary?" is - I don't know the people who we bought the house
from drew up the plans and got permission for them, we're just doing
what they intended to do. And no, I wouldn't do it that way round again!

Thanks for any advice.

Matt Kelly

You need to make sure that you comply with the requirements of the Party
Wall Act. Regardless of how laid back your neighbour is he well be asked to
give certain assurances and it could hold up his sale process. You certainly
cannot overhang his property without formal leagl process and in any case I
doubt that his solicitor would allow him to do so.

Peter Crosland

No. You'd end up in a world of hurt with flying freeholds and all sorts of
nonsense.

P.S. The Party Wall Act has nothing to do with this. You'll end up with
flying freehold, which most mortgage companies will not lend against because
of the potential for mischief.

Christian.

P.S. The Party Wall Act has nothing to do with this. You'll end up with
flying freehold, which most mortgage companies will not lend against
because
of the potential for mischief.


If he building right up to the boundary surely the PWA may well be relevant.
Or am I quite wrong?

Peter Crosland

On Wed, 25 May 2005 18:30:01 +0100, "Peter Crosland"
wrote:

P.S. The Party Wall Act has nothing to do with this. You'll end up with
flying freehold, which most mortgage companies will not lend against
because
of the potential for mischief.


If he building right up to the boundary surely the PWA may well be relevant.
Or am I quite wrong?

Only the bit about foundations (since part of them will be on the
neighbour's land) or if the wall is attached in some way to part of
the neighbours house/garage, I think.

Cheers,

John

If he building right up to the boundary surely the PWA may well be
relevant.
Or am I quite wrong?

Although the Party Wall Act will apply, it isn't relevent to the OP's
question. The Party Wall Act justs requires the OP to allow the neighbour to
appoint a surveyor and pay any damages. It has nothing to do with
overhanging guttering or planning issues.

Christian.

If he building right up to the boundary surely the PWA may well be
relevant.
Or am I quite wrong?

Although the Party Wall Act will apply, it isn't relevent to the OP's
question. The Party Wall Act justs requires the OP to allow the neighbour
to
appoint a surveyor and pay any damages. It has nothing to do with
overhanging guttering or planning issues.


I am well aware of that but NHF. My point was that due to the proximity the
PWA could be relevant.

Peter Crosland