Capping Stone Query

Capping Stone Query

Postby Libragal » Thu Jun 29, 2006 5:23 pm

HI, can anyone advise?
My neighbour is building an extension to the side and rear of his house. He has built on the boundary wall and now refers to it as a new party wall which will be to our advantage if we wish to do a single storey extension in the future.
Our problem is that the capping stone on top of this wall is coming right over into our space. We have asked him to move it back in line with the wall but he refuses. we have been told that this could lead to problems for us in 2 ways.
Firstly if we decide to build a 2 storey extension then we would have to pay the cost of removing these capping stones. Secondly, if we decide to sell the house, it could lead to problems with subsequent buyers.
Does our neighbour have the right to overhang our property?
Thanking you in advance.
Libragal
Member
 
Posts: 1
Joined: Thu Jun 29, 2006 5:14 pm

Re: Capping Stone Query

Postby PVC King » Thu Jun 29, 2006 6:23 pm

Technically no

But I would send a letter requesting an undertaking that if you (or your successors in title) wish to build an extension that the capping overhanging your property would be removed at your neighbours expense promptly and without dispute as well as them waiving any right of future application for a future domestic extension.

Unless you have a very constrained space a couple of inches is a very trivial amount of space; althoughyour neighbour should have course sought prior consent from you.
PVC King
 


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