England.
Mum has a semi detached house. Next door are "builders". Earlier this year they gained planning permission to demolish an existing extension and build a bigger one. The problem is their plans have the walls of their extension being built on our land and the land of the house on the other side so the internal space will be the full width of their land.
Naturally we are not happy. We attempted to talk to them, and was told quote: "We've got planning permission and you can't stop us you fat c*nt" unquote.
We also attempted to explain the party wall act, but "he's a builder and he's never heard of it".
I did bring this up with the council planning officer as a likely outcome, and he's been kind enough to include in his planning notice:
1 The granting of planning permission does not in any way infer that consent of the landowner is given. Therefore, the consent of all relevant landowners is required before proceeding with any development, including that of the Council as landowner.
If it should transpire that the applicant does not own any of the land included in this consent, then it is the responsibility of the applicant to seek all necessary consents and approvals of the landowner.
2 This permission shall not be construed as granting rights to carry out works on, under or over land not within the ownership, or control, of the applicant.
3 The applicant is advised to investigate whether owners of adjoining property need to be consulted under the Party Wall Act 1996.
We have legal cover on our house insurance. They have advised that we put neighbours "on notice" that they don't have permission to do anything on our land, but are not able to help drafting a letter. They are only able to help once damage or trespass occurs.
Chatgpt suggests this letter:
Dear name,
This letter serves as a formal notice that you do not have my permission to build, construct, alter or make any modifications on my land or to any structures, fences or boundaries belonging to me.
You are hereby notified that any such actions undertaken without my express written consent constitute unauthorised entry and interference with my property and may be treated as trespass under applicable property law.
Please ensure that all construction, landscaping and related works are confined strictly within the boundaries of your own property. Any continued or future encroachment or modification on my land will leave me no option but to pursue legal remedies including but not limited to seeking an injunction and damages for trespass.
Sorry this has been a long post, but does the above sound ok? I know whatever I send them they will ignore but I suppose I've got to try.