Neighbourly disputes

I had an early morning call from my friend Alex this morning, you know, so early you think something awful must have happened. After a very tearful greeting, she explained her upset state. She has decided to improve her already cramped home. Her neighbours are making every step forward incredibly difficult. Her neighbours have always been quite cordial….. Until she applied for planning permission. (she didn’t inform them prior to planning application). They have issued forty objections against her planning application. “What can I do to put this right?”

In my opinion (we have self built three times) it is always a good idea to approach the neighbours first and explain your plans, it makes life far easier if you’ve kept them personally informed. It is easy to take your eye off the neighbourly ball when you are involved with the day to day nitty gritty of the project. Annoy them and you may have a lengthy feud on your hands, keeping them sweet is key.

Architects, builders and planners all advise sounding out the neighbours prior to purchase. Most objections are raised through fear and uncertainty. Councils don’t necessarily base judgments based upon a neighbour’s objection, but they are susceptible so any help towards your case is good. There are also legal reasons to secure neighbourly co-operation that a conveyancing lawyer ought to bring to light prior to building.

1.  Are there any covenants restricting development?
2.  Any easements granting another party rights over the land, including access?
3.  They should examine wayleave, which allows services to run on or beneath neighbouring land.
4.  They should examine the Party Wall Act, which not only applies to joining walls but also excavations.

Taking care of these issues in advance, protects against legal action later or any ambiguity.
Be good to your neighbours, communicate your enthusiasm and the fact that you are investing in their area, you may find they’re actually more tolerant than they first appear.

I have imparted this advice to Alex, who is going to have a meeting with them and show them all her plans for the extension…  she is on a charm offensive.