Neighbours guttering/fascia on new extension overhangs my property

[JRS]

I wasn't aware of this until the roof has just been completed. I was never
advised this would be the case and never remember seeing drawings that
showed this. I entered in to a party wall agreement to allow them to dig on
my property for foundations but in the end they moved the wall back to avoid
this as it would have damaged my drive but at no time did I give permission
for anything to be on my land. We have a very good relationship and I would
not want to damage it but am concerned that we find a solution that will
avoid problems in the future when selling either property. Any advice would
be welcome.

TIA

Jon

[The Wanderer]

Post by JRS
I wasn't aware of this until the roof has just been completed. I was never
advised this would be the case and never remember seeing drawings that
showed this. I entered in to a party wall agreement to allow them to dig on
my property for foundations but in the end they moved the wall back to avoid
this as it would have damaged my drive but at no time did I give permission
for anything to be on my land. We have a very good relationship and I would
not want to damage it but am concerned that we find a solution that will
avoid problems in the future when selling either property. Any advice would
be welcome.

But if they moved the wall back, is it actually on the boundary line? Are
you certain the guttering overhangs your property?

[JRS]

Post by The Wanderer
But if they moved the wall back, is it actually on the boundary line? Are
you certain the guttering overhangs your property?

yes, the wall is around 15cm back from my boundary but that means the
guttering / fascia overhangs my property. Whilst most of it is just above my
drive the corner is above the corner of my garage.

[Nick]

Post by JRS
I wasn't aware of this until the roof has just been completed. I was never
advised this would be the case and never remember seeing drawings that
showed this. I entered in to a party wall agreement to allow them to dig on
my property for foundations but in the end they moved the wall back to avoid
this as it would have damaged my drive but at no time did I give permission
for anything to be on my land. We have a very good relationship and I would
not want to damage it but am concerned that we find a solution that will
avoid problems in the future when selling either property. Any advice would
be welcome.

According to http://www.waverley.gov.uk/devcontrol/plan_submit.asp they
require certificates regarding the ownership of land.

One situation applies if it is your own land, another if it is someone
else's land ("Additional notes for the certificate of ownership")

"If any part of the development involves land which is outside your
ownership or control you must submit Certificate B, C or D."

I presume that a similar system applies in all England and Wales.

For instance, see
http://www.sevenoaks.gov.uk/environment/planning/planning_application_forms__fees/636.asp

"Ownership Certificate B

Form 2 Part (1) – Ownership certificate

You should use this form to provide details to the council of who owns the
land in question. This form should be used if the development is proposed on
land which you do not own. For example this could be if guttering encroaches
over a neighbours boundary or if you will be buying a property after
obtaining planning permission. You should also serve notice on the owners by
completing Form 2 (2)."

Nick