Problem neighbours and their new extension

[Sponge]

My father has some new neighbours. He hasn't spoken to them much, in fact at all, as he's been away for the last 3 weeks. While he's been away the neighbours have commenced work on an extension to the rear of their property. My dad's house is at the end of a collection of terraced cottages.

While he was away and my mum was at work the builders ripped out a well established hedge. My mum loves her garden and plants and it was somewhat of a shock to come home from work to find 1/3 of it missing.

Calls to the council confirmed it's a 'party hedge' and legally they don't need permission to pull it out. But that's not really the point. All it needed was a visit and quick chat to let her know what was going to happen and when. She says she could have safely removed the hedge and transplanted it, but it's obviously too late now.

Lots of things have happened like this - work being carried out that effects my mum and dad, and their property, without so much as a 'quick chat' to keep them in the loop.

The builders have been working from within my parent's garden and moving furniture to do so. Again, without asking.

It's really effecting my mum. Now my dad is back from his holiday I dare say he'll get involved, I know I would.

I visited them yesterday and whilst chatting in the back garden my dad noticed the builders had re-routed the downpipe from the gutter (it's within the neighbours boundary) to my dad's drain (for kitchen). They've removed their own drain when they built the extension. He's livid.

We both agree had they simply knocked on his door and explained the situation and politely asked if he minded them re-routing it, he'd have said fine, but they didn't. So he's really pissed and feels like removing the pipe and just letting the water run on to their property.

If they wanted, they could extend the downpipe around the extension to the new drainage point at the rear of the new build (presumably where their kitchen will be). But this obviously requires several new lengths of pipe and some effort, so diverting to my dad's drain was obviously easier for them. But they didn't ask!

I have no idea on the legal points of the above, but what the feck happened to simple, old-fashioned good manners and asking?

[RedRobin]

....These neighbours are fecking stupid inconsiderate bastards!!!! All it needed, as you said, was a friendly neighbourly chat.

I hope your dad will play the same game and calmly remove that pipe and anything else on your family property. I'd get involved yourself too.

Also check out Citizens Advice Bureau for the legalities but remove that pipe anyway!

Oh, so they've removed the boundary hedge? - Simple! Just install a high enough fence to spoil their new conservatory view but on your property within your boundary. Two can play those fun and games!

[quattroman777]

Do they have full planning permission for the etextension?

[RedRobin]

[ QUOTE ]

Do they have full planning permission for the etextension?

[/ QUOTE ]

....EXCELLENT question!! Let's hope they don't! Torpedo their whole project!

A District Surveyor might have something to say about matters.

[steve2]

even if they have planning permission it would not include joining up to your parents drains,tell them to move it.

You should be able to see if they have planning permission by looking at your local council web site.

Here in Kent we have to apply, then the neighbours would get a letter and the applicant would have to post a sign outside the property for 28 days.

[Riz]

Anything crossing onto your grounds or property, chop it off and throw it in their garden... t@ssers!

Riz

[Teacake]

You haven't made clear whether your parents knew the extension was going up, or even whether they were previously on good terms with their neighbours. In any event, they need to speak to the neighbours first, if they intend to stay on good terms, before doing anything drastic.

Seems to me that a lot of this boils down to problems with what the builder has done rather than the neighbour. They may find that the builder is cutting corners without the neighbour being aware of it. The builder needs permission to enter your parents' garden, so that is one issue to tackle. The drain is another.

I'd recommend they deal with it over a cup of tea if they can, but if the neighbour gets at all shirty, deny access to the garden and take enforcement action over the drain. Don't cut anything up and throw it back, you'll end up in a weaker position if it goes further.

[Mo-S3]

Take photos of any damage done to your property.

[Sponge]

The neighbours are new. They've only been in a few months. The extension is one of the first things they've done. Oh, as well as a fecking big Alpine-style shed/summer house thing at the bottom of their garden.

The new neighbour is actually the son, or daughter, of the couple that live in the next cottage alongg. I think it was this other neighbour that informed by dad his son/daughter was considering an extension.

Planning permission was confirmed to be in place when my mum called the council to ask about the removal of the hedge.

[Jape]

If they have planning permission, then there is not a lot your parents can do about the disruption during building. Planning laws allow for a certain amount of disruption during building.

That said, however, there are laws preventing their builders from accessing your property without written permission from yourself.

And it is a good idea to keep all negotiations with the neighbours in writing, no matter how friendly you are with them at the moment. In the event of a later dispute 'conversations over a cup of tea' can be 'recalled' in different ways by different parties, and have no legal standing! And remember that neighbours move, and later neighbours might be more obtuse.

With regard to the gutter and using your parents drain, under NO circumstances allow them to use it. If they are allowed to use it for a certain period of time (usually 6 years or so) they will automatically aquire certain rights over the drain on your parents property and this would cause major legal problems in the event of them trying to sell the house. For example, they could, in the future, prevent your parents (or subsequent owners) from moving the drain if they wanted to. They also would have rights of access to the land over the drain.

For example, I have a major power cable running under one of my properties, which belongs to Southern Electricity. It does not serve my house, but runs to a sub-station beyond my land. I have a very complex legal document that gives them certain access rights to the land over the cable (for maintenance) but prevents them from being able to dictate what I do with the land. They also pay me rent (only £1 per year) as another way of ensuring that the agreement is recognised in law.

I'm sure your parents could do without all the hassle! Keep it polite, but make sure all correspondence with the neighbours is in writing.

HTH

John

[Teacake]

Sensible advice from Jape, there.

[theduisbergkid]

Whatever you do, keep it cordial, you'll have to live next to them once its all over remember. Sounds like they're riding roughshod over you, so take a firm but fair line.

We had our place extended a couple of years ago, and one neighbour objected, despite me being as open and considerate as possible from the earliest stage. They tried everything to block the work, were obstructive and rude, and thoroughly sh1tty about everything. I remained professional and polite (and got the work done on time and with minimum fuss), we get on OK now FWIW, but it was hassle for all at the time.

[badgera]

Might be worth a look at the Party Wall Act. Under this an ajoining neighbour needs to notify of works going to be carried out. The Act does not contain any penalty for not doing so, however it can be used for grounds to get work stopped if they are digging new foundations within 6m of your property and have not set out how they will safeguard your foundations whilst doing this.