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Neighbours new conservatory on my land

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mattcarter | 13:11 Mon 11th Dec 2006 | Civil
9 Answers
My next door neighbours have just put up a new conservatory. The guttering and a windowsill hang over my wall (entire width of wall is on my land). They have also glued/bonded a plastic (horrible) 'ledge' on top of my wall meaning rainwater will find its way into my garden not theirs. We were not asked or involved in any of the plans for this.
What are my rights - can I get them to remove the ledge (which will probably damage my wall) - what about the windowsill and guttering that is on my property (albeit hanging off the side of theirs,,,). We cannot find any documentation saying that the wall is ours, but it is entirely on our property.
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Start by discussing it with them nicely but firmly. How do you know for sure the wall is on your land? Try and reach agreement amicably. There might have to be give and take on both sides.
If the guttering does turn out to be 'on your land' they would have to remove it.
Avoid involving lawyers at all costs - you could end up with a legal bill of tens of thousands of pounds.
It would have been far better to have discussed the project with them earlier, since they are likely to be less inclined to want to change things, but that's hindsight.
i would assess whether this is actually a problem or if your nose is just out of joint.

if these things cause no real problems - tell your neighbours they should have asked first but you will let it go

life is too short to have a war with people you have to live next door to over a small overhang

gardens like water by the way - i expect they just didn't want it to run down the side of the conservatory and pool at the base
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good points both, thank you. We plan to discuss it with them but will only be happy with the white plastic ramp removed... We live in an old fashioned terraced house and have kept it in traditional style, including the original wall. To have a cheap plastic conservatory 'welded' to the top doesnt add a great deal to the character ofthe place, plus we plan to sell in the next year or so and are concerned that the garden loses some if its appeal with a conservatory overhanging (and overlooking) our garden. we will discuss it calmly and amicably with them, but wanted to know what we can reasonably expect them to do (as far as the law is concerned)
Intrigued to know how it overlooks into your garden. You could have a fence (or wall) up to 2 metres high, which is above the 'looking out of the window' height.
I assumed the wall was just below the level of the alleged overhanging guttering - at about 2 metres?
Question Author
wall is about 1.5 metres (ish) high - that is where the ledge in question is, so directly in eye line. Window is slightly higher, so while admittedly not where we will get looked at(!), certainly not ideal, guttering obviously above all this. We're not really disputing the window though - may put some trellis up to combat that, but the size and dimensions of the wall will make this difficult, not to mention the plastic ramp on it.
Picture an old fashioned 1900's terrace where you can overlook every fence, wall and hedge into your neighbours garden... picure having the original brick wall compared to other peoples modern fences etc. picture a plastic monstrocity welded on top of your wall - you get the idea...?!
When you come to sell any half decent surveyor will report the overhang and flashing and, if the wall is truly within your boundary, the purchasers solicitors will require the offending bits removed before the sale proceeds. So, to enable a useful answer to be given, (a) are you sure that the wall is entirely within your boundary? (if yes, how do you know?) (b) could it be straddling the boundary with, say, half on each side, or (c) is it really your neighbour's wall?
Question Author
thanks mustafa - to answer your questions:
Yes the wall is ours. We have the document from the seller when we bought the property that says we own that wall (found it last night - though not sure how legally binding it is, its just a tick box completed by the seller to say what is/isnt ours).
Yes its within our boundary. Being a terraced house, with next door already having an extention (before this new one), it is easy to 'see' the line that divides our properties, following it down the garden where there are joined brick outhouses - so you can see at both ends of the garden where each propertys join - the wall is within our line (hope that makes sense...)
I'm sorry, but there is a doubt in your 2nd paragraph. Who clearly owns the wall is vitally important to you. Would you mind clicking here and looking at both your own and your neighbour's Registration to absolutely confirm before we proceed? I'm afraid that it will cost you �12 (4 x �3) but it is well worth it. You can make copies to keep. You need to read and compare the Register and Plan most carefully. Please then say what you have found and I will continue.
did they have or need planning permision for the conservatory

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