How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3557
Experience:  Two years conveyancing experience.
13113900
Type Your Property Law Question Here...
Alex J. is online now

My daughter bought a house where the previous owner split

Customer Question

Hi My daughter bought a house where the previous owner split the strip of land next to her house into a separate building plot and obtained a building permission for a 3 bed-room house. This was done before my daughter bought the house. It turns out now that the building permission was obtained for a plot that runs all the way to my daughter's house wall, where as my daughter was sold the house with a 1 m strip of land next to her house. This strip of land is shown on the building plan as the only access to the back of the new house. So when the house gets build the new house will not have any access to back of its house contrary to the current plan. Can the new land owner build based on this plan that now covers part of daughter's land?
Submitted: 10 months ago.
Category: Property Law
Expert:  Alex J. replied 10 months ago.

Hi, Thank you for your question and welcome. Is your daughters property (including the 1m strip) registered at the Land Registry? If so this is the land owners mistake, he should have applied for the planning permission more carefully, he cannot go ahead and build on property belonging to your daughter. Planning permission is just a consent to the proposal not a right to subvert other peoples land rights. Is the land currently accessible? Kind regards AJ

Customer: replied 10 months ago.
the land and the strip is very clearly registered at the Land Registry. The builders have moved in and have already dug and filled house foundations which are right up to my daughter's boundary, if not over it. They have fenced off her path (which is the strip next to her house) and also encroached into her garden.
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. You need to contact the builder and order him to stop immediately. How much would it cost to rectify the damage? Kind regards AJ

Customer: replied 10 months ago.
There is extensive damage but there is no stopping this builder. We have tried!!! Only things we get back are threats about more damage and him building even closer to my daughter's house. It has been very very stressful.
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. Is there is anything you can do to stop further building works practically? You must stop him erecting any wall or temporary structure. I would consider obtaining an injunction. Is there any way you practically go any remark your boundary? Have you taken photographs of the boundary?

Customer: replied 10 months ago.
We have taken photographs of the boundary and damage. But not sure what we physically could do as the builder just would take it down as they removed the existing fence before they started.
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. Do you have photos of the existing fencing before it was destroyed? Are they actually going all the way into the garden to work, erecting scaffolding etc? Kind regards AJ

Customer: replied 10 months ago.
Not sure if we have photos for before the work started but the boundary line is pretty clear in the deeds and the original boundary fence is still up in the end of the garden so it is possible to work out the line of the boundary as it is a straight line.
They removed the fence in the back of the house and drove their large digger onto my daughter's patio without any permission. They have only got to the foundations level so no scaffolding yet but they obviously would have to erect them on my daughter's land. There is no other way.
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. They will need to pay your daughter a license fee to erect scaffolding. This is potentially a party wall issue, what I suggest you do is immediately go and see a party wall surveyor and get them to write to the developer to demand all works are ceased. If they trespass onto her property to start building scaffolding I would call the police especially if they are going to be threatening about it. Once the party wall surveyor is involved they will have to engage with him/her - and will potentially will have to pay the associated costs.

Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3557
Experience: Two years conveyancing experience.
Alex J. and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Alex
Many thanks for your previous responses. Just an update. We instructed a solicitor to write a letter to the next door landowner and point out the requirements under the Party Wall Act. They stopped work and we have now proceeded to dispute resolution with them and await for the outcome of it. Extensive damage to my daughter's drainage etc. has been confirmed. At the same time we are now dealing with a boundary dispute (after the next door's builders removed the boundary fence and proceeded to lay foundations across it) An electronic measurement of the next door's plot is due to take place shortly to provide a starting point for confirming the boundary line.
My actual question relates to my daughter's house drainage arrangements.
It now transpires that her drainage runs into a manhole (and from there into the public sewer) which is now located within the next door's plot. This did not come to light during the house purchase. Next door's builders made a threat that they would not allow for this arrangement to continue and that my daughter would have to reroute her drainage. Can they do that? A drainage survey yesterday found that the drains have been badly damaged due to the foundation excavations but that the manhole in next door plot has also been filled with soil, which renders my daughters drainage inoperable. Who will be responsible for putting this right? The reason why this has not become apparent before is that my daughter does not yet live in the house and hence does not use the drainage. Gratefully looking forward to you advice . Tuula
Expert:  Alex J. replied 9 months ago.

Hi thank you. I am travelling this morning - but I have received this I will review and respond today. Kind regards AJ

Expert:  Alex J. replied 9 months ago.

Hi, Thank you. When your daughter purchased the house did the solicitor report to you on this drainage issue? It is possible she has a legal right (by way of an easement) to allow what to drain into this man hole. If the builders damaged it they will have to pay for it.

Customer: replied 9 months ago.
Hi,
Thank you. I think the attached transfer document refers to her rights to drainage, but I am not sure of the interpretation & implications in this case.
Expert:  Alex J. replied 9 months ago.

Thank you. Do you have a definition of "Retained Land" in any of the documents? Kind regards AJ

Customer: replied 9 months ago.
My understanding is that the "retained land" is the plot next to my daughter's house, which the previous owner retained but then sold to the current owner. I attach a plan which shows the "retained land" with dimensions shows. I also attach my daughter's deeds.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.