shootthepigeon Posted October 10, 2013 Report Share Posted October 10, 2013 I could do with a little advice regarding the mother in law house, she lives in an extended semi detatched house with the extention wall making the boundry, it used to be a carport but has since had a garage door installed, it also has 2 windows loooking over the neighbours drive to allow light they are non opening. Recently the neighbour has asked if he can also put up a car port between his house and the extention wall, which was agreed but the windows stayed, now he has extended from his existing garage to the same level as the extention, with a solid flat roof , and now putting a electric door on and pushing to brick the windows up, or board them on his side if we dont agree. Now hes always been a friend and I dont really want the hassle as its not really my fight but I dont like yo see people pushing things that havnt previously been agreed. Do I say something along the lines of the planning laws as I know he hasnt been down that route?, and how do we stand if we ever sell the house as it really looks Iike a terraced house now, or if we need to do anything to the wall his garage extention is now attatched to. Any thoughts would be appreciated. Thanks. Quote Link to comment Share on other sites More sharing options...
JDog Posted October 10, 2013 Report Share Posted October 10, 2013 Call the local planners, ask a Planning Officer and a Building Control officer to visit and let them take on the case. Quote Link to comment Share on other sites More sharing options...
Gimlet Posted October 10, 2013 Report Share Posted October 10, 2013 Its an odd idea to incorporate the outer wall of a neighbour's extension into your own, unless you're putting up a non-permenant structure like a lean-to greenhouse. Its also unusual to place a wall directly on the boundary, because of just this type of problem. I'm also surprised that your mother-in-law's garage has ground-floor windows directly overlooking her neighbours property. It all sounds like a knocked-up illegal build. Planning laws regarding small single story extensions were relaxed some years ago, but they're still subject to building regs but in this situation it doesn't sound like a planning officer or building inspector has ever been near it and a good many rules have been broken. If the garage was not built by your mother-in-law but by the previous owner she should report the matter to planning but she should be prepared to lose her windows if they would not normally be permitted in the first place. If she had the carport converted she's on thin ice. But if the neighbour is determined to go ahead and attach an extension to her property and block out her windows in the process he is at fault too and there is no option but to come clean to Planning and belatedly do things properly. Even if it runs to money. In the long run you're more likely to stay friends with the neighbour that way. Quote Link to comment Share on other sites More sharing options...
Dekers Posted October 10, 2013 Report Share Posted October 10, 2013 Its an odd idea to incorporate the outer wall of a neighbour's extension into your own, unless you're putting up a non-permenant structure like a lean-to greenhouse. Its also unusual to place a wall directly on the boundary, because of just this type of problem. I'm also surprised that your mother-in-law's garage has ground-floor windows directly overlooking her neighbours property. It all sounds like a knocked-up illegal build. Planning laws regarding small single story extensions were relaxed some years ago, but they're still subject to building regs but in this situation it doesn't sound like a planning officer or building inspector has ever been near it and a good many rules have been broken. If the garage was not built by your mother-in-law but by the previous owner she should report the matter to planning but she should be prepared to lose her windows if they would not normally be permitted in the first place. If she had the carport converted she's on thin ice. But if the neighbour is determined to go ahead and attach an extension to her property and block out her windows in the process he is at fault too and there is no option but to come clean to Planning and belatedly do things properly. Even if it runs to money. In the long run you're more likely to stay friends with the neighbour that way. I'm pretty much with that, this whole situation smells a bit! Quote Link to comment Share on other sites More sharing options...
Gordon R Posted October 10, 2013 Report Share Posted October 10, 2013 If the extension wall marks the boundary, the foundations will encroach onto the neighbours property. Beware of opening up a hornets' nest. Quote Link to comment Share on other sites More sharing options...
Gimlet Posted October 10, 2013 Report Share Posted October 10, 2013 If the extension wall marks the boundary, the foundations will encroach onto the neighbours property. Beware of opening up a hornets' nest. True, but if it was built by a previous owner and escaped the attention of Land Registry at the time there's nothing Planning or the neighbour can do about it now. Unless the rules have changed. I'm sure though, that the neighbour cannot utilise Mother-in-laws wall to form part of his own build. Otherwise he'd have someone else's property inside his finished building, and that just cannot be. His must be independent. But if his build is legit but Mother-in-law's isn't and her windows should not be there, the neighbour can build across them and block the light. In which case she should brick up hers and open more in the other wall where they should have been in the first place or consider a roof light. If neither build is legit now is the time to come clean with planning and get things on a proper footing (ha ha). Otherwise this has the making of one of those festering disputes which make life a misery, and that's just not worth it. Quote Link to comment Share on other sites More sharing options...
silver pigeon69 Posted October 10, 2013 Report Share Posted October 10, 2013 if the neighbour uses the shared wall there should be a "Party wall agreement" if not the neighbour is playing with fire!! Quote Link to comment Share on other sites More sharing options...
silver pigeon69 Posted October 10, 2013 Report Share Posted October 10, 2013 True, but if it was built by a previous owner and escaped the attention of Land Registry at the time there's nothing Planning or the neighbour can do about it now. Unless the rules have changed. I'm sure though, that the neighbour cannot utilise Mother-in-laws wall to form part of his own build. Otherwise he'd have someone else's property inside his finished building, and that just cannot be. His must be independent. But if his build is legit but Mother-in-law's isn't and her windows should not be there, the neighbour can build across them and block the light. In which case she should brick up hers and open more in the other wall where they should have been in the first place or consider a roof light. If neither build is legit now is the time to come clean with planning and get things on a proper footing (ha ha). Otherwise this has the making of one of those festering disputes which make life a misery, and that's just not worth it. i think the structures have to of been there 12 yrs before nothing can be done regardless of who built them Quote Link to comment Share on other sites More sharing options...
old rooster Posted October 10, 2013 Report Share Posted October 10, 2013 True, but if it was built by a previous owner and escaped the attention of Land Registry at the time there's nothing Planning or the neighbour can do about it now. Unless the rules have changed. I'm sure though, that the neighbour cannot utilise Mother-in-laws wall to form part of his own build. Otherwise he'd have someone else's property inside his finished building, and that just cannot be. His must be independent. But if his build is legit but Mother-in-law's isn't and her windows should not be there, the neighbour can build across them and block the light. In which case she should brick up hers and open more in the other wall where they should have been in the first place or consider a roof light. If neither build is legit now is the time to come clean with planning and get things on a proper footing (ha ha). Otherwise this has the making of one of those festering disputes which make life a misery, and that's just not worth it. If built by the previous owner without planning consent you'd have thought the surveyor might have asked questions when the OP's Ma in law was buying the house? Always doing any extension work by the book IMVHO, did that when we extended the garage at the last house and it led to far less bother when I came to sell it. Quote Link to comment Share on other sites More sharing options...
stubby Posted October 10, 2013 Report Share Posted October 10, 2013 we need pictures Quote Link to comment Share on other sites More sharing options...
flynny Posted October 10, 2013 Report Share Posted October 10, 2013 Call the local planners, ask a Planning Officer and a Building Control officer to visit and let them take on the case. First point of point of call if the neighbour uses the shared wall there should be a "Party wall agreement" if not the neighbour is playing with fire!! Correct on both counts ATB Flynny Quote Link to comment Share on other sites More sharing options...
Dougy Posted October 10, 2013 Report Share Posted October 10, 2013 If it were me i would brick in the windows and put a roof light in, I can see the neighbours point too. Quote Link to comment Share on other sites More sharing options...
Paul223 Posted October 10, 2013 Report Share Posted October 10, 2013 we need pictures of the MIL ? Quote Link to comment Share on other sites More sharing options...
mark@mbb Posted October 10, 2013 Report Share Posted October 10, 2013 Tell the neighbour yes he can brick up the windows but he will have to fit a velux to allow some natural light into your mothers garage i would also mention the party wall act but as you have let him build it i dont think that is enforceable now. If the boundary wall is on your land then he has entered your land and most likely stolen 4" or more you will have to tread carefully with this as it could become very expensive with solicitors so let him do the leading and you take advice from a proffessional body Quote Link to comment Share on other sites More sharing options...
artschool Posted October 10, 2013 Report Share Posted October 10, 2013 Having read the OP's post if you try to challenge your neighbour your MIL is likely to come out of it the loser. Rights of light take 20 years to accrue. Quote Link to comment Share on other sites More sharing options...
shootthepigeon Posted October 10, 2013 Author Report Share Posted October 10, 2013 thanks for the replies, i fear the photo of the MIL would send this thread in a whole new and wrong direction. i have agreed with the neighbour and had no problems with the original plan, and also agree the windows should'nt really be there although they have been without a problem for the last twenty odd years. i have advised the MIL to have the windows bricked up while he's paying, i just dont know if the problems will occur whenever we have to sell, if a surveyor would pick up on the properties being atatched, and if there should be any sort of fire break between the new garage and the double story extention as a bedroom is above the original carport. i have tried to stay out of this from the off but now its upsetting the MIL which in turn is getting me some earache. Quote Link to comment Share on other sites More sharing options...
harrycatcat1 Posted October 10, 2013 Report Share Posted October 10, 2013 i think the structures have to of been there 12 yrs before nothing can be done regardless of who built them 4 years for development 10 years for planning conditions Quote Link to comment Share on other sites More sharing options...
Gimlet Posted October 10, 2013 Report Share Posted October 10, 2013 (edited) Party structures usually straddle the boundary. MIL's garage wall doesn't. I wouldn't want a structure wholly on my land to become party. If you allow this then, as mark@mbb says, you are effectively moving the boundary in favour of the neighbour and ruling out any future demolition or change of use for that wall without his consent. No thanks. I'd brick up the windows as a concession to the neighbour but insist that he erects his own supporting wall on his side of the boundary abutting MIL's to carry his roof, explain to him that in the event of either party selling up it would be greatly to the advantage of each that the properties are strucurally separate. I would permit him to fix flashings to MIL's brickwork to seal his roof but insist that structurally the two buildings remain separate. Edited October 10, 2013 by Gimlet Quote Link to comment Share on other sites More sharing options...
peck Posted October 15, 2013 Report Share Posted October 15, 2013 If he is using your MILs wall as part of his extension, this will make MILs house into part of a terrace and not a semi detached thus vastly reducing the value. make him build his own wall with foundations on his own side and block up the windows yourself. sounds as if he is trying to pull a fast one on your MIL Quote Link to comment Share on other sites More sharing options...
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