Seven years ago I bought a property with the neighbour’s shed on my plot at the back of the garden.
Although the broker pointed this out to me at the time, this was not a problem for me, as I did not need a mortgage.
However, I now want to move and the infringement appears to be a problem for potential buyers.
I offered the land, valued at £750 to £1,000, for free to my neighbour. They rejected this because they could not afford the required legal fees. They then came up with a plan to move the barn back over the property line. I paid £250 for a skip to assist this process.
This was planned three times, but did not happen.
Since the photo I sent you was taken, I have removed the trim and fence panel. I have tried to communicate with the property owner but never get a response. Since then I have been threatened by the owner’s brother if I touch the shed again.
So can I have a builder make a chainsaw?ff the violation barn end along the boundary line?
Shed saga: A This is Money reader sent this image of their neighbor’s encroaching shed
Jane Denton of This is Money responds: Title deeds should clearly define legal boundaries, but in reality this is sometimes not the case.
You told me that you think at least one person has been living in this “barn” for a while, although you’re not sure if this is still going on.
It is a situation that can easily escalate. So far you have taken a number of reasonable steps to resolve the matter, including offering the land to your neighbor for free.
However, this is not the time to make matters worse unnecessarily. It is not a good idea to have a builder come with a chainsaw to cut off the offending part of the shed.
Under normal circumstances, a good starting point would be to speak to your neighbor directly and, if necessary, write him a formal letter about the matter.
However, in your circumstances it is getting to the point where I think you need to seek legal advice. I asked two legal experts for their opinion on your case.
Whatever you decide to do, please step away from the chainsaw.
Olivia Egdell-Page, partner at Joseph A Jones & Co LLP, says: When purchasing a property, it is crucial to check that the boundaries are recorded correctly and that any issues or discrepancies have been resolved before exchanging contracts.
That way you proceed with full knowledge of the extent of the land you will own, and also ensure that any additional costs associated with correcting this are borne by, or at least shared with, the seller.
Law firm Olivia Egdell-Page says it is essential to resolve the boundary issue before the house is sold
The process of confirming boundaries should highlight issues of encroachment.
Although the cadastral plans only indicate general boundaries, it appears that the neighbor has recognized that their shed is built, at least in part, on land that is not theirs.
If they had not recognized this and the boundary was disputed, you might be able to appoint a surveyor to determine the boundary, but this is a separate process that does not seem relevant to your situation.
As the owner of your property, you have certain rights and responsibilities regarding property damage.
Depending on the circumstances and the parties involved, you may be able to demand the removal of the infringing object or structure, or claim damages for damages resulting from the infringement.
This will be a matter of negotiation with your neighbor, and can often be resolved through direct negotiations and perhaps mediation, if the parties are willing.
This is preferable because it is more likely to maintain relations with neighboring countries, and it is certainly more cost-effective.
If these routes are not feasible or successful, it may be possible to seek an injunction requiring your neighbor to remove the offending object or structure and/or seek damages to compensate you.
If you feel that negotiations have not been successful, I would recommend that you seek advice from a lawyer who specializes in property disputes as they can advise you on the next steps.
I certainly wouldn’t recommend taking matters into your own hands with a chainsaw. If the case does go to trial, your own conduct may be taken into account in determining the outcome.
Your neighbor could later file a request for adverse possession – the legal term for squatters’ rights
Addressing this is a priority because you need to ensure that you are not seen allowing or allowing the infringement to continue.
If you do so and enough time passes, the neighbor may apply to acquire the land from you.
Your neighbor would have to prove that he has used the land without permission and to the exclusion of all others for a period of ten years to apply for ‘adverse possession’.
This is the legal term for what is informally called “squatters’ rights.”
Your contact with the neighbor seems to make it clear that their trespassing is certainly not permitted, but this is something you should take into account.
Manjinder Kaur Atwal, director of property law at Duncan Lewis Solicitors, says: Border disputes can be a real headache. If not handled carefully, they can escalate, drag on for years and cost thousands of pounds in legal fees.
As much as you might want to take a chainsaw to your neighbor’s shed, this is not the right thing to do and could get you into legal trouble.
You absolutely have the right to want your country back; after all, it is your property.
Unfortunately, you cannot cut off the part of the shed that is on your property.
If you take matters into your own hands, you could be hit with claims for damages or even criminal charges for property damage.
Expert Manjinder Kaur Atwal advises the reader against taking action with a chainsaw
It sounds like you have already done your utmost to deal sensibly with this issue, offering the land for free and even paying for a transshipment.
However, since your neighbor refuses to play ball, it’s time to take things a step further, at least legally.
If – as seems to be the case – they go out of their way and don’t follow through on your requests – it’s time to send them a formal letter explaining the problem and outlining what you expect.
A neutral mediator can also help you and your loved one reach an agreement without legal action.
A mediator acts as a referee and helps you and your neighbor have a constructive conversation to reach an agreement that works for both parties.
It is faster, cheaper and less confrontational than legal action, and is confidential.
In this case, a mediator can help your neighbor understand why removing or moving the shed is necessary and even figure out how to share costs, such as attorney fees or moving expenses.
You can find mediators through organizations such as the Council for Civil Mediation.
If they still won’t budge, you can apply for a court order to have the shed removed. A judge may even order your neighbor to cover the costs of cleaning up this mess.
If you receive threats of any kind regarding this matter, do not ignore them. Keep a file and report it to the police. They take bullying and harassment seriously.
Removing the trim and fence panel can complicate matters. Avoid further action until you have sought legal advice. It’s best to stay within the law while you figure this out.
In short, it wouldn’t help your case to take a chainsaw to the shed in question. When in doubt, a good real estate lawyer can pay dividends.
They can help you navigate the legal process and get things in order so you can sell your house without further aggravation.