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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10409
Experience:  Barrister 17 years experience
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We own a holiday letting business and our neighbour

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Hello, we own a holiday letting business and our neighbour has applied for planning permission for change of use from private dwelling to post office/tea room. We have objected to this application. Between the properties is a stone wall which is attached to their gable end. There is no record of who owns the boundary on the Land Registry. We have received a letter today from their surveyor saying as the wall is attached to their gable end it demonstrates clear evidence of ownership and that we have to grant their builder access to our land at all times during the build. Apart from the disruption and potential loss of trade this year to my business is their surveyor correct? He has also stated a court would be sort giving us no option but to consent!
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Surveyor says that wall is to be demolished so they can replace it with their extension. I am exasperated that I am simply unable to protect my property
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. Has planning permission been granted? Has the surveyor or the owner provided you with a schedule of works and a timetable for when they will take place? Has the owner or surveyor provided you with a party and party agreement seeking your consent if there is going to be building within 3 metres of the boundary? Does the line of their extension fall directly upon the boundary? Has the planning permission sought your consent if they are building along the boundary?
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. Has planning permission been granted? Has the surveyor or the owner provided you with a schedule of works and a timetable for when they will take place? Has the owner or surveyor provided you with a party and party agreement seeking your consent if there is going to be building within 3 metres of the boundary? Does the line of their extension fall directly upon the boundary? Has the planning permission sought your consent if they are building along the boundary?
Customer: replied 1 year ago.
Planning permission is still pending, no schedule of works or timescale has been issued, no party agreement has been issued. Planning department has not sought our consent for building along the boundary
Customer: replied 1 year ago.
Surveyor states demolition of wall to be replaced with flank wall of single storey extension. His view is that the wall sits within their property so is on their boundary and therefor in their sole ownership, the surveyor has provided no formal evidence byway of formal documents. He is using his own judgement. To ensure we protect our side do we need to engage a solicitor or surveyor
Expert:  Buachaill replied 1 year ago.
2. Dear *****, this is quite cheeky by the surveyor. Until such times as planning permission has been granted, there is no right to build anything. Secondly, your neighbour has no right to build along this boundary wall without your consent. Contrary to what they say, this is most likely a party and party wall and their house wall forms a party and party boundary. So they need your consent to the works. So you should object to their application for planning permission on this basis as they have no right in law to build on your land or along the common boundary.
Expert:  Buachaill replied 1 year ago.
3. Secondly, the neighbour should seek a Party and Party agreement to works being carried out within 3 metres of your boundary. Whilst there is no sanction in law for not doing so, no development can take place until such times as your consent to building within three metres of the boundary is obtained.
Expert:  Buachaill replied 1 year ago.
4. Thirdly, you do not have to consent to works being carried out. No court is going to grant these cowboys permission unless a Schedule of works is provided to you and a guarantee given that your property will be safeguarded and returned to its existing situation after works have been completed. Attempting to plough you into consenting by threatening court proceedings is farcical as no court will grant this surveyor permission to come on your land given the way he is behaving.
Expert:  Buachaill replied 1 year ago.
5. What this surveyor (and his client) are attempting to do is to "jump" you into agreeing to works before planning permission has been granted and without following proper legal requirements and procedures. So write back a firm and strong letter and let them know you are aware of your legal rights and will rely upon them.
Expert:  Buachaill replied 1 year ago.
6. Please RATE the Answer, Shirley, as your Expert receives no payment for answering your Question unless you rate the Answer as otherwise all your money goes solely to the website.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10409
Experience: Barrister 17 years experience
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Customer: replied 1 year ago.
Thanks for your advice. I fear that the planning officer may have indicated to the applicants off the record that he intends to grant their application, hence the surveyors tone of letter. We originally objected on grounds of noise and odour, which have been supported by the Environmental Health Officer who has agreed to their application on principle subject to recommendations. We did not include objections to building on the boundary believing that property rights would not be considered an issue under planning. Planning are likely to give their decision on Monday and no further comments are objections are allowed.

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