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Legal advise about neighbours new building


Fishleigh
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Hi just a quick question. Our neighbour has started building a shed/garage around 30/40ft long oak frame, red brick walls. Problem is its now sticking out about 3/4 on to our feild? We went and asked the neighbour what they were doing and they just said sorry didnt think it would hurt and would we sell the land? We rang up the local planning office, no permision had been granted. We have also rang up the local surveyors and they are happy to come set out the feild boundary ( we have land registry documents aswell as the legal papers when we bought the land and defras maps they send us every year todo with the farm payments ) Now were stuck, we dont no whats the next step to take? We dont want to sell the land. Any ideas chaps?

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talk to planning first as that is a good way of getting enforcement done without having to pay for it, Is the land properly registered with the land registry or is it on old type deeds? you then need a solicitor to go through what to do next,

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Get the Daily Mail round and put a glum face on whilst pointing to the offending building. They'll run a front page article the next day moaning about local government cuts, the state the country is in and how it's every man for himself these days :sly:

 

Alternatively, as Alex said. Get in touch with local planning department and seek professional advice from a solicitor who specialises in that area.

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Will check with wife when she gets in, but from memory.

 

Phone local council planning enforcement team, they should be able to advise.

 

Right just asked wife. Phone planning enforcement and ask them to come out. Wife believes that a building thats not 100% on the developers land cannot be classed as a permitted development, and consequently would need planning permission.

Edited by fenix
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Im sure timber buildings when not obscenely sized dont need planning permission,but they should never have built it on your land regardless.If it were me i would tell them to remove it and return the ground to how it was.They should never have just asumed it would be alright.

Edited by Imperfection
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Get the Daily Mail round and put a glum face on whilst pointing to the offending building. They'll run a front page article the next day moaning about local government cuts, the state the country is in and how it's every man for himself these days :sly:

 

Alternatively, as Alex said. Get in touch with local planning department and seek professional advice from a solicitor who specialises in that area.

 

 

:lol::lol::lol: that was a coffee spitting moment! -- should add though - it would be even better if your neighbour was some sort of immigrant - might make the front page.

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I'd get a solicitor and move fairly quickly. Ideally you want an injunction in place meaning if they continue with the work they will be in contempt of court. Also, you can claim damages to restore the property to its original state. I wouldn't have any further contact without speaking to a solicitor asap i.e. today

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Im sure timber buildings when not obscenely sized dont need planning permission

 

Timber buildings arent classed as permanent afaik, so sometimes dont need planning permission, BUT the OP states its timber framed with brick walls - so classed as permanent! :)

Edited by Richard.Hosgood
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Im sure timber buildings when not obscenely sized dont need planning permission,but they should never have built it on your land regardless.If it were me i would tell them to remove it and return the ground to how it was.They should never have just asumed it would be alright.

 

Just asked wife (shes a planning officer), a building being made of timber makes no difference

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Im sure timber buildings when not obscenely sized dont need planning permission,but they should never have built it on your land regardless.If it were me i would tell them to remove it and return the ground to how it was.They should never have just asumed it would be alright.

I think some of that is size/sq ft related - i.e. a garden shed. If it goes over a certain size it has be a certain distance from your bourndary. Something like that.

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The garden building must not cover more than half the area of the garden.

 

It does not contain sleeping accommodation and the floor area does not exceed 15m2.

 

It is more than 1m from the boundary.

 

It is not more than 3m high for a flat roof, or 4m with an Apex roof.

 

It does not extend beyond any wall that faces a road.

 

It is only used by occupants of the house.

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I understand about the permison/size/materials but, sureley they cant just build it on our land?

 

No they cant.Tell them to remove it and return the land to how it was or you will get solictors involved.Even if this land has no use i would do it for the principal.

 

An aunt had some of her garden 'stolen' years ago by a neighbouring family (they moved the fence 15ft into her huge garden) and she got them to reinstate the boundary to where it was originally.

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I understand about the permison/size/materials but, sureley they cant just build it on our land?

 

No they cant just build it over your land, but if you go the DIY route you need legal advice, etc. If you go the not permited development route, the planning department should sort it all out for you.

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I'd get a solicitor and move fairly quickly. Ideally you want an injunction in place meaning if they continue with the work they will be in contempt of court. Also, you can claim damages to restore the property to its original state. I wouldn't have any further contact without speaking to a solicitor asap i.e. today

Absolutely 100% right. Do not put any faith in planning people, its not their problem and they will back peddle and waste time doing nothing. Also they will not get involved in boundary disputes, thats not their area. Once the building has been up 2 years it is almost impossible to do anything.

 

Go and see a solicitor ASAP and let him write some letters. That carries some weight.

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:lol::lol::lol: that was a coffee spitting moment! -- should add though - it would be even better if your neighbour was some sort of immigrant - might make the front page.

- it would be even better if your neighbour was some sort of immigrant - IF IT WAS AN IMMIGRANT THE WAY THIS COUNTRY IS GOING THE LAND OWNER MIGHT HAVE TO GIVE IN TO THEM :angry:

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Once the building has been up 2 years it is almost impossible to do anything.

This isn't true, if a building is illegally built they will have to remove it, it may take some time to go throught the legal stuff, but there is no law that says a building is exempt from planning/property law after 2 yaers.

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