Property boundary - quick question

[lizziecupcakes]

Hi, my neighbour (not the adjoining neighbour to the other half of our semi detached house, but the one on the other side which is also a semi-detached property they share with another neighbour - hope that makes sense?!) is having their kitchen extended into their back garden , plus side return

It’s all approved by the council. No works started yet. We are happy for them and don’t mind at all. Only thing is we are just concerned about property boundaries and potential damage to our side.

They are extending into their side return which mirrors our side return too (does this make sense?), but there will be about 1.5 metres between their new side return wall and the fence boundary wall (it’s our fence, already agreed with them). We mentioned this and they said they are happy to get a solicitor and they will pay for it. No idea what any of that means.

I am just wondering what we need to do exactly to declare boundaries and other things. What happens in this process? I feel a little anxious. My neighbour is really nice but obviously they want their extension done, but we need to think about protecting our rights and property (amicably).

My neighbour is getting this same solicitor /surveyor for the neighbour adjoining their semi-detached property, since they share a wall and the other side of the kitchen extension will run up against their shared boundary. That neighbour of theirs isn’t particularly happy with the extension being done so is ironing out things more formally, and have appointed their own independent solicitor/surveyor. They also have had subsidence in their shared party wall in the past, rectified with underpinning back in the 90s.

We are totally new to this and just want to protect our property and boundary , and incase there will be any damage etc. As mentioned, we are happy for our neighbour, it’s just more about formalities.

I don’t have anyone to ask and the internet is making me go round in circles.

I’d be grateful for any advice. Thank you all.

 

[fernicarry]

Its really difficult to pin down boundaries to a level of detail. Generally they are considered to follow the physical features shown on the OS map so if you have a wall or a fence then that will be it. There are conventions for where within the boundary feature the boundary actually sits e.g. in case of a water course its mid-way. Some features can move over time. Fences get rebuild a few inches over, sometimes maliciously...

If their extension is 1.5m away then sounds like there isn't a danger of it encroaching. If they are building under permitted rights (probably not given its tight to the boundary other side) then there are rules about distances and heights relative to boundary and if they are pushing to the limit on those then you could get into a bun fight over whether they have over-stepped. If there are height limits on floor level or ridge in the consent then what level those are considered to be relative to can be interesting too. A site near here has been accumulating spoil and has raised its level significantly, I presume in preparation for a planning application for a house with a nice view. Given that its tied in to an existing building then that's probably not a concern either.

The planning system isn't interested in boundaries or whether you have the actual right to do what you are applying for so receiving consent means nothing in that respect. You are correct to be robust about this even if you are on good terms. Get a written agreement that they will cover any costs you incur. Whether that be professional fees should a dispute arise, or clean up costs from mess that gets blown onto your side, damage to your fence etc.. They don't have to of course so check your insurance cover too just in case.

Before they start the footprint should be pegged out by a surveyor. Ask if you can inspect (possibly with *your* surveyor) so you can get a feel for what it will be like and whether you consider it to match the application and any constraints set. Also remember there will be disruption during the build, noise, mess, vehicle movements so you should make your expectations around that known. Hours of operations, days of week, use of radios, whether they can crane materials over your property, finish date etc.