# Roof of neighbours extension hangs over my garden



## andy01 (12 Feb 2010)

My neighbourd had an extension built 3 - 4 years ago, the eaves, soffit and gutter are all overhanging my garden. No permission for this was asked and none was granted, this wasn't really an issue at the time, however I am now planning to sell my house, will this effect the sale? and if so is there anything I can do about it now?


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## onq (12 Feb 2010)

Hi andy01.

Doing anything after four years may have left it too late to take action I suspect. Perhaps others of a more legal bent can clarify this better than I, but I will offer this from my experience.

I was involved in a preamble to a legal action a while ago and we did the whole thing, reviewed the clients assertions, inspected the property, we were "light" on documentation but thought that the client would be a strong witness, etc.

Solicitor agreed, but in the end advised us it would be unwise to proceed, with the builder long gone and 24 months and more elapsed since the deed was done - or not done properly, as it turned out - we would be unlikely to get a favourable result.

ONQ


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## andy01 (13 Feb 2010)

Onq, thanks for your response, I'm just concerned if the purchasers surveyor highlights the roof...and what actions could be taken...


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## onq (13 Feb 2010)

Sure, and its a thorny question which deserves a better answer than I gave.
One way of testing the water might be to put it to your neighbour that YOU are thinking of extending and were concerned not to infringe on HIS rights, but equally and fairly want to asert your own.
You can say need to find out if you can cut back the eaves and take support from the wall he built - presumably it lies along the boundary - the position of the legal boundary vs the wall needs to be established.
There may be planning issues related to the qualifying conditions for exempted development which could aid you e.g., if he detailed the roof or placed windows incorrectly or if the building isn't wholly behind the house.

Difficult to advise more on this remotely.

ONQ

[broken link removed]


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## andy01 (14 Feb 2010)

ONQ...

Thanks for your help...I think I'll put the house on the market and wait to see what the survey brings up.


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## Superman (14 Feb 2010)

4 years is not too late to do something - I believe overhanging requires an easement rather than adverse possession - so 20 years to establish. (Even adverse possession is 12 years). 

You can get your neighbour to remove it - or remove it yourself - or get your neighbour to pay for it.


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## chlipps (14 Feb 2010)

By how much is eave over hanging?.. 300-400mm inclusive of gutter? Quite arrogant of neighbour to let it extend to your side of the wall without asking permission in the first place. Did he knock the boundary wall and rebuild or just build new wall on his side and let eave extend over?


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## senrab (15 Feb 2010)

Yes agree with chilpps, the only way out of this is for your neighbour to alter the gable wall by building a parapet wall, a costly procedure. I have had to rectify roofs on occasion with this problem, I would say neighbour was chancing his arm by doing this and is probably is in breach of his planning permission.  You should check with your local planning office to see the application and documentation relating to his build, whether you did or didnt object to the planning proposal at the time of the application does not alter the fact that the works should have crossed the boundry line, no planning authority would agree to this.  In ten years of renovating houses in dublin the boundry line is one of the basic principles you follow!


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## andy01 (17 Feb 2010)

Thanks Superman....I have now put the house on the market, if the Purchasers Surveyor picks it up I'll try and negotiate with my neighbough


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## andy01 (17 Feb 2010)

Chlipps and senrab....the houses are detached houses with a garage built on the left hand side upto the boundary, and a side path on the right of the house......effectivley my side path is adjacent to my neighbours garage.
They have demolished their garage and built a 2 storey extension..with the eaves hanging over at least 350mm + the gutter...


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## sse (17 Feb 2010)

To be honest I'm at a complete loss as to why you didn't say anything at the time, but we are where we are.

Suffice to say that any competent surveyor WILL notice the overhang, and I think I for one would walk away as a buyer as you would be buying somebody else's problem. I also don't think anyone is going to proceed with a purchase when the reply from your solicitors comes back to the effect that "Negotiations are ongoing as to the removal of the overhanging building" as that is going to sour relations with the neighbours from day one.

Unfortunately I think you are going to have to deal with it yourself and then sell the house, it's likely to be a long drawn out procedure as changing the eaves on a 2-storey extension isn't going to be easy or cheap, least of all four years after the event. Remember it's up to the local authority to action any breach of planning control, not the neighbour.

SSE


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## Dulchiegirl (27 Sep 2012)

Andy I'd be interested to know how this ended as I am having a similar problem with my neighbour


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## Jake13 (10 Jun 2017)

What if yer the house that over hangs but was built 40+years ago. New neighbour built new housenand is now threating to hack our roof up. I think i saw something about an easment.  Will look into that.


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## fauzia (29 Dec 2017)

We have similar issue. We bought property in 2013. Surveyor did not notice neighbours extension was on our garage side. In early 2017 we applied for planning permission and got this. Our archetect without discussing with neighbour took their roof off. Our extension is 70 percent completed but neighbour (solicitor himself) send us legal letter to restate their roof as it was there for last 40 years. Worked has been stopped  for last 2 months. I don't know what to do. We already spend 30 K on extension


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## DeeKie (29 Jan 2018)

fauzia said:


> We have similar issue. We bought property in 2013. Surveyor did not notice neighbours extension was on our garage side. In early 2017 we applied for planning permission and got this. Our archetect without discussing with neighbour took their roof off. Our extension is 70 percent completed but neighbour (solicitor himself) send us legal letter to restate their roof as it was there for last 40 years. Worked has been stopped  for last 2 months. I don't know what to do. We already spend 30 K on extension


Ask the solicitor neighbour to talk to you on a without prejudice basis. That means anything you say to him or her can’t be reported in court. See if you can come to an agreement.


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## fauzia (19 Feb 2018)

Tried everything. they want to restate their property. ie fascia and gutter on our side of property


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