Buying a house - Next door roof 'trespasses' our boundary

Buying a house - Next door roof 'trespasses' our boundary

Author
Discussion

Dr Murdoch

Original Poster:

3,427 posts

134 months

Tuesday 21st August 2018
quotequote all
We have found our 'dream home' as it were, we hope to stay in there for many years. The solicitors called me this morning and said that it appears that the dwelling next door has its dormer roof extending into our roof. Said solicitor said that the owner may well have agreed to this as it wasn't a problem, however he went on to add that this may cause me a problem when we sell.

This extension was built in circa 1988.

As far as I can figure out, its the owners of the extended house which has an issue as they would need my permission to maintain their roof?

Apart from that, can anyone explain of any other pitfalls, or is the solicitor just doing his job by mentioning it?

Hopefully you can see the picture below, you note the red tiling of the dormer extends over the side of the yellow brick boundary


z4RRSchris

11,221 posts

178 months

Tuesday 21st August 2018
quotequote all
insure against the risk and get on with it.

Jonboy_t

5,038 posts

182 months

Tuesday 21st August 2018
quotequote all
Yup, indemnity or whatever it’s called and get on with the move.

Nice house thumbup

Dr Murdoch

Original Poster:

3,427 posts

134 months

Tuesday 21st August 2018
quotequote all
Thanks chaps, its the reassurance I was looking (hoping) for!

V8RX7

26,765 posts

262 months

Tuesday 21st August 2018
quotequote all
You are buying the semi detached yellow house and the red tile is next door ?

I wouldn't be so fast to dismiss this.

Does google maps cover it from above ?

If his roof leaks your ceiling might get damp, who pays ?

I'm unsure you can insure against a problem selling in the future as effectively he's taken possession of a section of your roof

Dr Murdoch

Original Poster:

3,427 posts

134 months

Tuesday 21st August 2018
quotequote all
Thanks V8RX7

Can't quite zoom in enough, but the overlap looks like a metre.


V8RX7

26,765 posts

262 months

Tuesday 21st August 2018
quotequote all
What's the history because it looks like an extended single house, not a semi.

However if it is as you describe then I know enough to know that you need professional advice on all the potential issues.

Maintenance, insurance, liability - how it was built re fire risk etc




Skyedriver

17,661 posts

281 months

Tuesday 21st August 2018
quotequote all
V8RX7 said:
What's the history because it looks like an extended single house, not a semi.

However if it is as you describe then I know enough to know that you need professional advice on all the potential issues.

Maintenance, insurance, liability - how it was built re fire risk etc
Sadly this^^

It's easy to dismiss something in your desire to complete but when the ball of string unravels or when you do come to sell. Ask me how I know (to my cost).

Dr Murdoch

Original Poster:

3,427 posts

134 months

Tuesday 21st August 2018
quotequote all
V8RX7 said:
What's the history because it looks like an extended single house, not a semi.

However if it is as you describe then I know enough to know that you need professional advice on all the potential issues.

Maintenance, insurance, liability - how it was built re fire risk etc
Its basically an annex on the side (see photo below), this was built in circa 1960 and the dormer was built in 1988. In terms of land registry they are two separate dwellings.



I was just about to instruct a surveyor to undertake a full survey (£1.1k), i'm holding off at the moment or would it be best just to get them to do it and advise accordingly? I'm not sure what other professionals I can call upon?

Also, we hope to buy the annex at some point, but clearly this cannot be considered a certainty....

Edited by Dr Murdoch on Tuesday 21st August 17:39


Edited by Dr Murdoch on Tuesday 21st August 17:42

bristolbaron

4,756 posts

211 months

Tuesday 21st August 2018
quotequote all
Without fully understanding the layout of both, do they have a side window looking out to your garden?

Jasandjules

69,825 posts

228 months

Tuesday 21st August 2018
quotequote all
Get the seller to buy an insurance policy against any issues which may arise from this...

Deesee

8,331 posts

82 months

Tuesday 21st August 2018
quotequote all
Negotiate a large discount, a flying freehold type purchase is not ideal.

If you require a mortgage let the lender know ASAP, as they might not like the arrangement, (as might not anyone whom you may be selling too in the future).

Best of luck

Dr Murdoch

Original Poster:

3,427 posts

134 months

Tuesday 21st August 2018
quotequote all
bristolbaron said:
Without fully understanding the layout of both, do they have a side window looking out to your garden?
They do, buts its frosted (believe its in the planning conditions)

Dr Murdoch

Original Poster:

3,427 posts

134 months

Tuesday 21st August 2018
quotequote all
Deesee said:
Negotiate a large discount, a flying freehold type purchase is not ideal.

If you require a mortgage let the lender know ASAP, as they might not like the arrangement, (as might not anyone whom you may be selling too in the future).

Best of luck
Thanks. We paid the lender £200 to undertake a survey, should they have picked up on this?

Deesee

8,331 posts

82 months

Tuesday 21st August 2018
quotequote all
Dr Murdoch said:
Deesee said:
Negotiate a large discount, a flying freehold type purchase is not ideal.

If you require a mortgage let the lender know ASAP, as they might not like the arrangement, (as might not anyone whom you may be selling too in the future).

Best of luck
Thanks. We paid the lender £200 to undertake a survey, should they have picked up on this?
Probably will not come up until the cot (certificate of title) or rot (report on title) goes in from your solicitor/lenders solicitor near the end of the transaction as such, so probably not picked up by the survey.

Check the local authority website on planning, (you can check by postcode) you should see the planning app on there (hopefully).

You may need professional help/assistance if your heart is set on it, but don’t let your heart rule your head!

Dr Murdoch

Original Poster:

3,427 posts

134 months

Tuesday 21st August 2018
quotequote all
Deesee said:
You may need professional help/assistance if your heart is set on it, but don’t let your heart rule your head!
Well we are set on it, been tracking it for 9 months and we only put ours on the market to get this house. No others have caught our eye.

Mrs M would like to press ahead. What professional advice is there beyond Solicitor/Surveyor? Someone clearly dropped a clanger 30 years ago when this was given permission.

Deesee

8,331 posts

82 months

Tuesday 21st August 2018
quotequote all
Dr Murdoch said:
Deesee said:
You may need professional help/assistance if your heart is set on it, but don’t let your heart rule your head!
Well we are set on it, been tracking it for 9 months and we only put ours on the market to get this house. No others have caught our eye.

Mrs M would like to press ahead. What professional advice is there beyond Solicitor/Surveyor? Someone clearly dropped a clanger 30 years ago when this was given permission.
I’d check that is actually got planning or within regs first.

On the planning app should be decent scalable drawings, make sure is as it should be.

A decent solicitor should be able to give you the ins and outs once you have that information.

Don’t make someone else’s problem yours unless your remuneration from it makes it worthwhile.

Or just buy the annexe two and merge the titles!!

Dr Murdoch

Original Poster:

3,427 posts

134 months

Tuesday 21st August 2018
quotequote all
Deesee said:
I’d check that is actually got planning or within regs first.

On the planning app should be decent scalable drawings, make sure is as it should be.

A decent solicitor should be able to give you the ins and outs once you have that information.

Don’t make someone else’s problem yours unless your remuneration from it makes it worthwhile.

Or just buy the annexe two and merge the titles!!
Thanks Deesee, its appreciated.

I'm just looking at the Law Society Property Information Form, the seller has stated/answered 'No' regarding whether any part of the propertyprojects under an adjacent property. Similarly 'is the seller aware of anything that might lead to a dispute....' was answered with a 'No'.

Deesee

8,331 posts

82 months

Tuesday 21st August 2018
quotequote all
Dr Murdoch said:
Deesee said:
I’d check that is actually got planning or within regs first.

On the planning app should be decent scalable drawings, make sure is as it should be.

A decent solicitor should be able to give you the ins and outs once you have that information.

Don’t make someone else’s problem yours unless your remuneration from it makes it worthwhile.

Or just buy the annexe two and merge the titles!!
Thanks Deesee, its appreciated.

I'm just looking at the Law Society Property Information Form, the seller has stated/answered 'No' regarding whether any part of the propertyprojects under an adjacent property. Similarly 'is the seller aware of anything that might lead to a dispute....' was answered with a 'No'.
If you get stuck pm me the post code and number/name and local authority, I’ll have a browse as brushed my curiosity!!

But good luck either way, nice place

TooLateForAName

4,727 posts

183 months

Tuesday 21st August 2018
quotequote all
I'd want a better understanding of the layout. As I understand it you're saying that part of the room which is their dormer is actually in your roof? It isnt just that the roof of their dormer sticks over yours, its that they've invaded?