Neighbour built conservatory on the boundry**UPDATE**

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Sezer74

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1,108
Location
Taunton/Somerset
Hello,
My neighbour built a conservatory right on the shared fence, they took the fence down, built a brick wall and used that as a 3rd wall of the conservatory, the guttering and the fascia is sticking towards my land about an inch or so, I have never been given any notice or explanation of this construction. He just asked me that he is getting a conservatory built, my answer was; ok fine how is that going to affect me? His answer was: instead of this wooden fence there will be a brick wall. That s it.
I thought that they were going to built it next to the wall, but last week when I came from work I saw that they put windows over the wall using it as an outer wall.
I been told that the conservatory is within the permitted limits. However I haven t been informed about the fence is going to be used.
What can I do? would this affect the value of my property.
Thanks a lot
 

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RE: Neighbour built conservatory on the boundry

I'm not an expert by any means, but I would have assumed the conservatory should have been built within the fence.
What are you supposed to do if you want a conservatory?
 
RE: Neighbour built conservatory on the boundry

Whose fence is it? Who maintains it? Who would rebuilt it if it was blown down? Was the wall there before? Whose wall is it? That is the best indicator of the boundary.

If it's your fence then they've built inside your boundary. If it is their fence, then I think they're within their boundary. If it's their wall, then the structure is fine, but maybe the guttering is not. Looking at where the main house gutter is painted, the outside of the conservatory wall is directly below. I'm going to make an assumption that the outside of the conservatory wall is directly in line with the inside of the partition wall between them and you. It does look to be in the right place.

Boundary disputes are really tough because there is only usually a vague description of what the boundary actually entails and to scale, the red line on Land Registry maps equates to about 2 feet wide ... which you can see on the ground is useless as a means of defining a boundary.

If you want to pursue it there are two avenues:

First, as a boundary dispute.
Second, as a "right to light" issue.

Either way, a lawyer will be needed. Take the picture, take your Land Registry details, title deeds and so on and see if you have a case to pursue what it is you want to pursue. Do you want it removed? Remodelled? Is it just a case that you would like to have been involved? If it the latter, no lawyer needed, just suck it up and move on. Sorry. If you think you have a legitimate claim to have it removed or remodelled and that is what you want to happen and would be happy with that as a result, then consult that professional.

If you win the boundary dispute, they will have to remove the existing and re-build, so long as it is within the confines of the planning application (size, volume, materials and so on). They might build a monster! That, and the wall facing YOU is THIERS, and they could make that ugly.

If you want something done about it, you need professional advice on it ... everything else is conjecture.
 
RE: Neighbour built conservatory on the boundry

They should have built up to the boundary line not across it unless you have a party wall agreement, however you should establish exactly what that is before complaining (to planning dept) because a fence line isn't necessarily an accurate indicator of the boundary line.

Edit: Having just read Pauls response I don't think you'd have much of case with a right to light dispute, the conservatory design has included windows above what looks to be a reasonable height.
 
RE: Neighbour built conservatory on the boundry

Thanks a lot for the responses, I have been told by the solicitors when buying the house; that fence to my left(where there is a wall now) is my responsibility, however another neighbour (got nothing to do with this, he says fences are shared)
Sorry Martyn I got no before picture.
I reported it to the local council, and they said they will investigate. But I would like to know where I am standing? and what I'm standing against? as I am not familiar with building works and the rest of the legal procedure.
 
RE: Neighbour built conservatory on the boundry

The established boundary was between the fence posts and the fence panels so he has clearly built across the established boundary.

How badly do you feel about that? Enough to make a permanent enemy of your neighbour - then pursue a claim. However, it looks as if you gave tacit agreement as the conservatory is complete and your flower bins abut his wall and yet you made no effort to stop him building.

You have a boundary nightmare on your hands if it bugs you.
 
RE: Neighbour built conservatory on the boundry

Everything is owned by somebody - no such thing as "shared" when it comes to property.

Get a solicitor to clarify. If there is something contentious they will seek a planning ruling. Once a ruling is in place, it's clear.
 
RE: Neighbour built conservatory on the boundry

I have no idea whether this makes any difference, but if you were to measure internally where the party wall is and then use that as an indication of the external boundary, what does that tell you?
 
RE: Neighbour built conservatory on the boundry

Rob if I measure it from the party wall, that brick wall is flush(dead on the party wall line) making the fascia and guttering sticking on my side about an inch or so
 
RE: Neighbour built conservatory on the boundry

That'll tell you where the start of party wall is, add half it's depth to that.
 
RE: Neighbour built conservatory on the boundry

Sezer74 said:
Rob if I measure it from the party wall, that brick wall is flush(dead on the party wall line) making the fascia and guttering sticking on my side about an inch or so
Click to expand...

So is that measured up to the plaster in your living room? If so, you can add maybe a couple of inches to account for plaster board and width of the dividing brick in order to get to the real centre line between the properties. As I said, I don't know whether this is indicative of the boundary, but it must give some indication - the houses are not that old.
 
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