Boundary wall issue.

[dublinguy1]

hi,

I am hoping someone here can give me some advice on an issue that is arising between me and a neighbour. The neighbours have sold their property ( currently sale agreed ) and the new potential owners want to demolish a kitchen extension at the back of the their property.

The problem is that the current owners who are selling it claim that the new owners are afraid that by demolishing the extension that they will damage a dividing wall that is between our two properties. To add to the problem when I bought my house 9 years ago the previous owners build an extension onto the back of my house which was build onto the dividing wall ( basically they heightened the wall by two foot and added a section to male it longer ) and then built the extension on to this wall so that this wall is supporting my extension. My extension does not have planning permission and is basically just being used by me as a shed as I don't have a shed in the garden. The issue is that this wall has a crack in it, as the new part of the wall is subsiding away from the original wall. The new neighbours want to repair this also.

The new potential neighbours want me to write a letter and sign it to say that if through repairing the wall or any damage to the wall from demolishing their extension that they are not liable for any damage done to my extension.

I don't want to sign anything to this effect as it would mean giving them the right to damage part of my property, however the current owners ( who are selling the property ) are putting pressure on me to draw up a letter as soon as possible.

What I very much appreciate is any advice regarding the legality of an extension that was build on and against a dividing wall ( it was built well over 30 years ago I think with the full agrreement of the then neighbours ), and what potential issues could arise if they do damage the wall. I don't wnat to cause trouble with the new neighbours but I am a bit nervous about the haste and the lack of consultation. I must say that I am only currently dealing with the current owners who are selling the house.

Any advice would be greatly appreciated.

Kind regards

T.

 

[Sue Ellen]

Hi,

Welcome to AAM.

I have moved your thread to our Askaboutlaw forum so hopefully you will get some advice in either this or the H&G forum (a copy remains there for 1 month). Can understand your worry and hope things work out for you.

 

[Vanilla]

Sounds like a bad idea for you to sign the letter. The potential buyers should get a good structural engineer, a good builder and good insurance. If your property is damaged then it will have to be reinstated by them.

 

[mathepac]

Your neighbours have some neck, IMHO. They are asking you to agree in advance to an undefined planning application that may be submitted at some time in the future by people who don't currently own the property, and they are making that a condition of the sale? I know what my response would be and it would not be "Sign where?".

... The new potential neighbours want me to write a letter and sign it to say that if through repairing the wall or any damage to the wall from demolishing their extension that they are not liable for any damage done to my extension ...

Again the issue for me is writing a letter giving the potential new owners carte blanche to do what they like, while signing away any possible legal recourse against them or their builders without them ever having to submit a planning application, get drawings or maps done, etc, the normal things needed to progress any planning application made by an owner / resident.

Personally I would decline in writing the opportunity to provide any such letters or commitments, having taken legal advice, .

... To add to the problem ... My extension does not have planning permission ...

It may have been exempt, but your solicitor / surveyor / mortgage company would have asked for certificates of compliance with planning regulations before you concluded the sale 9 years ago, wouldn't they, and you have these, don't you?

 

[j26]

No way in hell should you sign it.

It's ridiculous that the neighbours should expect you to sign away your rights to protect your property.

As previously stated, I'd advise them in writing that you will not be signing such a letter.

 

[dublinguy1]

Thank you for the responses.
I have contacted the Citizens Information Centre and have made an appointment for free legal advice regarding my situation. As regards the extension at the back of my property when I bought it it did not get compliance as far as I am aware, as it is quite basic and in no way would meet building requirements as an extension per se. That is why I am basically using it as a shed.
I have also contacted the current owners and told them that following advice I will not be in a position to sign any such letter. I will wait and see where that leads. Thank you again for the advice! It was very much appreciated.

Kind regards

T.