Seven years ago I bought a property with a neighbour’s shed encroaching on my land at the back of the garden.
Although the real estate agent let me know at the time, it wasn’t a problem for me since I didn’t need a mortgage.
However, I now want to move house and the encroachment is proving to be a problem for potential buyers.
I offered the land, worth between £750 and £1,000, for free to my neighbour. They turned it down because they couldn’t afford the necessary legal fees. They then came up with a plan to slide the shed back over the boundary. I paid £250 for a jump to help with this process.
This has been scheduled three times, but has not happened.
Since the photo I sent you was taken, I have removed the siding and fence panel. I tried to contact the property owner but never got a response. Since then, the owner’s brother threatened me if I touched the shed again.
So can I get a builder to make a chainsaw?ff the offender shed end along the border line?
Shed Saga: A This is Money reader submitted this image of her neighbor’s encroaching shed
This is Money’s Jane Denton responds: Property titles should clearly define legal boundaries, but in reality they sometimes do not.
You told me that you believe at least one person has previously lived in this ‘shed’ for a period of time, although you are not sure if this is still happening.
It’s a situation that could easily get worse. To date, he has taken a number of reasonable steps to try to resolve the matter, including offering the land to his neighbor for free.
However, now is not the time to aggravate the issue unnecessarily. It is not a good idea to hire a builder with a chainsaw to cut out the problem part of the shed.
Under normal circumstances, speaking directly to your neighbor and then, if necessary, writing them a formal letter about the issue would be a good starting point.
However, in your circumstances, we are getting to the point where I think you will need to seek legal advice. I have asked two legal experts for their opinion on your matter.
Whatever you decide to do, stay away from the chainsaw.
Olivia Egdell-Page, partner at Joseph A Jones & Co LLP, says: When purchasing a property, it is essential to check that the boundaries are correctly recorded and that any issues or discrepancies are resolved before exchanging contracts.
That way, you will proceed with full knowledge of the extent of the land you will own and will also ensure that any additional costs involved in the correction are borne by the seller, or at least shared with them.
Law firm partner Olivia Egdell-Page says it is vital to resolve the boundary issue before selling the house.
The boundary confirmation process should highlight issues such as encroachment.
Although the Land Registry plans only show the general boundaries, it appears that the neighbor has acknowledged that his shed, at least in part, has been built on land that does not belong to him.
If they had not recognized this and the boundary was in dispute, I would possibly seek to appoint a surveyor to determine the boundary; however, this is a separate process that doesn’t seem relevant to your situation.
As the owner of your property, you have certain rights and responsibilities regarding trespassing.
Depending on the circumstances and the parties involved, you may be able to request the removal of the encroaching object or structure, or seek compensation for damages resulting from the encroachment.
This will be a matter of negotiation with your neighbor and can often be addressed through direct negotiation and perhaps mediation, if the parties so wish.
This is preferable as neighborly relations are more likely to be preserved and is certainly more cost-effective.
If these routes are not viable or successful, a court order may be sought, which would require your neighbor to remove the invasive object or structure, and/or damages to compensate you.
If you believe that the negotiations have not been successful, I would recommend that you seek advice from a lawyer specializing in real estate litigation, as they will be able to advise you on the next steps.
I certainly wouldn’t advise you to take on the matter yourself with a chainsaw. If the matter ends up in court, your own conduct may be taken into account in deciding the outcome.
Your neighbor could later apply for adverse possession – the legal term for squatters’ rights
Addressing this is a priority as care must be taken that the invasion is not seen to be permitted or allowed to continue.
If you do so, and enough time passes, the neighbor may ask to purchase the land from you.
Your neighbor would have to prove that he had used the land without permission and to the exclusion of all others for a period of ten years in order to apply for “adverse possession”.
This is the legal term for what is informally known as “squatters’ rights.”
Your contact with the neighbor seems to make it clear that your invasion is not allowed, however, this is something you should be aware of.
Manjinder Kaur Atwal, director of property law at Duncan Lewis Solicitors, says: Boundary disputes can be a real headache. If not dealt with sensitively, they can escalate, drag on for years and cost thousands of pounds in legal fees.
As much as you may feel like taking a chainsaw to your neighbor’s shed, this is not the right course of action and could get you into trouble legally.
You are absolutely within your rights to want your land back; After all, it is your property.
Unfortunately, you cannot cut off the part of the shed that is encroaching on your land.
Taking matters into your own hands could result in you being slapped with damage claims or even criminal charges for property damage.
Expert Manjinder Kaur Atwal advises the reader against acting with a chainsaw
It seems that you have already gone further in your efforts to address this issue sensibly, offering the land for free and even paying a jump.
However, since your neighbor refuses to cooperate, it’s time to take things to a higher level, that is, legally speaking.
If, as seems to be the case, they are trying hard and not responding to your requests, it is time to send them a formal letter explaining the problem and outlining what you expect.
A neutral mediator can also help you and your neighbor reach an agreement without court action.
A mediator acts as a referee and helps you and your neighbor have a constructive discussion to reach an agreement that works for both parties.
It is faster, cheaper and less confrontational than legal action, and it is confidential.
In this case, a mediator could help your neighbor understand why the shed needs to be removed or relocated and even determine how to share costs, such as attorney fees or moving expenses.
You can find mediators through organizations such as the Civil Mediation Council.
If they are still unwilling to budge, you can seek a court order to have the shed removed. A judge may even order your neighbor to cover the costs of fixing this problem.
If you receive threats of any kind regarding this topic, do not ignore them. Keep a record and report them to the police; They take harassment and bullying seriously.
Removing the siding and fence panel can complicate things. Avoid taking further action until you have received legal advice; It is best to follow the law while solving this problem.
In short, it would not help your case to bring a chainsaw to the offending shed. When in doubt, a good real estate attorney can pay dividends.
They can help you navigate the legal process and resolve the matter so you can sell your home without any major hassle.