Another Property Overhang Question

[TheScullster]

Just noticed a post about overhang onto adjacent property and it reminded me of a recently built extension. I like to roam around the village and look at on-going works, planning posters etc. to keep abreast of developments so-to-speak.

This one property had a brick wall right upto the pavement edge and they have now demolished the wall and built an extension to the same boundary. This is a gable end wall, so the roof , fascias, soffits and guttering project beyond this and effectively over the path by 6-8".

Is this acceptable to planning and/or building regs? It sounds like nothing and doesn't affect me in the slightest, but it's one of those things which, once you are aware of it, strikes you as mighty odd.

Phil

[Tony Bryer]

One of our church walls is up to the back of the footpath. When we replaced the boiler the new flue had to come through this wall, i.e. overhanging the pavement. The council highways people were quite happy about this after checking the height was such that pedestrians were unaffected.

[Aidan]

I think it eventually becomes a 'flying freehold'; not a great problem if overhanging a public road, but I'd object if it were overhanging my property. I think the owner has to complete a form at the planning stage, which requires him to confirm that he owns all the land that the proposed development is to be built on, or over.

[Ed D Ball]

What about BT lines running over your property ?I have 9 of them over the back garden and would dearly like to see them removed or a rental paid. It must happen everywhere.

[Owain]

That is "wayleaves" and one of the following will probably apply:

1. By having a phone line yourself, you have granted BT permission to run overhead lines over your property. They can use such plant to serve other customers as well as yourself.
2. BT have (or have inherited from GPO) statutory authority to run such cable.
3. BT have (or have inherited from GPO) a wayleave from the dim and distant past.

Owain

[<me9]

Our deeds show us as owning half the road, but the road is adopted by the council as a highway. Presumably as you aren't obstructing th highway, but may own the land, you are ok. Might be worth a post in uk.legal.moderated.

[TheScullster]

These examples are the reverse of the original post! I can see how the large service companies can have historic rites over private property. The fact that private individuals can construct extensions/outbuildings that overhang public pavement surprises me! Particularly when there are numerous posts to this group about boundary disputes.

One thing that really narks me about all this, is that, to the letter of the "law?", I need to apply for planning permission to erect a 6 foot fence on the boundary between my back garden and a similar footpath.

Phil

[Tim Lamb]

Umm.. They have paid a *one off* wayleave for apparatus on my land which serves us and others. I'd be surprised if they would pay for overhead cables though. You could ask their Wayleaves office on 0800 581525 (option 4)

Yes. Perpetuity or 80 years.

regards

[Guy King]

The message from "Ed D Ball" contains these words:

Plant a Leylandii, wait till BT get fed up and move the lines, then cut it down.

[Matt]

Whichever is the shorter? :)

[Aidan]

Yes, but it's only overhanging a pavement by 6 to 8" and doesn't affect the use of the pavement. I'm sure the local authority could make an isue of it, but I hope they have better things to do.

Probably to check that you're not about to stick up a 6ft brick wall which may get blown over & kill someone (it has happened) or that the fence isn't topped with spikes. I'm sure you'd have more sense, but I'm sure there's many who wouldn't; where is Drivel BTW?

[Ed D Ball]

.Yep. Should be interesting I'll post on here when it's grown