New build has built on our land. What you you do?

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User1

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Brighton and Hove
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Our neighbour has built a house at the bottom of his garden. It's a very VERY small plot and the build is tight to the boundaries.

During the build I became aware that they were using a strip of land down the side of our garage to store building materials and tools

I brought it to their attention that they were in fact trespassing on our land but I would not complain too much providing they remove everything once the build was completed

Fast forward 18 months and the build is complete but they have used the land down the side of our garage as part of the access to their rear garden

After careful consideration I offered to give the land to them, free of charge provided they pay all legal expenses and make a donation of 2000.00 to a named charity.

This was put in writing and there was no written response

5 months pass and I noticed a for sale sign appear

I contacted the estate agents and they were completely unaware that there was a boundary dispute

Fast forward a few weeks and I am approached by two women who are viewing the property. We strike up a conversation, during which I mention there is a boundary dispute which is unresolved.

A few weeks later I get an irate text from the owner/builder demanding I explain myself - the messaging turns aggressive so I end it buy explaining that any future contact be made via his solicitors.

Today, I received communication from their solicitors accusing me of interfering in the potential sale and threating an injunction - to stop me do exactly what I don't know.

I am firmly of the belief that they are trying to sell the property without resolving they boundary issue and leave it to the new owners to sort out.

I'd be interested in what any others have to say/think about this situation

(hard hat and broad shoulders prepared)
 
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So, have they built on your land,bor just borrowed it for storage?
 
Surely this dispute will come up in the search? Any potential purchasers solicitor will ask your neighbours solicitor if there are any disputes, won’t they?
 
Nothing prevents the OP from attaching a sign in view saying that the access is his. Nothing prevents him from fencing it off.

He should check his deeds and if he is sure, then I would fence the boundary line. The solicitors letter is bluff unless they provided evidence to back up the claim.

Act now and the owner will have to negotiate.

Mottie said:
Surely this dispute will come up in the search? Any potential purchasers solicitor will ask your neighbours solicitor if there are any disputes, won’t they?
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There is no dispute. It's just an exchange of communication and the seller will lie.

Any solicitor worth his fee will advise him to settle the issue and create an easement on foot.
 
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Put in writing? Does this mean that the changes are confirmed by the land registry?

And re the fence - you r neighbour has absolutely no right to attach anything to your property either
 
A photo would help.

User1 said:
Built on it. Erected a fence across it joining both buildings
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It sounds like you have a strip of land between your garage and boundary which is yours, but not fenced and they have now attached a fence to your garage preventing you from accessing that strip. Nothing stops you putting a lader over the new fence and installing a simple wire fence on the boundary and then sending them a letter giving them 7 days to remove the trespassing fence or you will do it.
 
When i saw then the title of this.

New build has built on our land. What you you do?​

I thought, oh no, not another Palestine thread.
Anyway if this blokes neighbour is encroaching on his land, he should simply reclaim his land by building a boundary fence.
If its blocks his neighbours access, so fecking what.
 
See a solicitor, most give a free consultation if you phone round, their bread and butter, conveyancing is in short supply but first check your household insurance and if you have a mortgage its coverage, its pretty common to have legal expense built in. This type of dispute is nearly always covered as it affects the value of your property.


This happens all the time... if you do progress this yourself then send a copy of the title plan as held land registry to the solicitor acting for and just tell them there is a boundary dispute, highlighting the disputed land on a copy of the title map. That faff about an injunction is just to stop you doing exactly that.

Under the law it is up to the seller to prove title to the land they are selling, dubious solicitors try to stop any paper work arriving on their mat if they haven't seen it it does not exist. They are duty bound to pass on any disputes under the law societies rules on form TA6 however if a dispute is not recorded then one is said not to exist, there is a distinction about a perceived dispute and an actual dispute.. make sure its sent registered post.

Do not make any offers of remedy and make sure that you note that all previous offers have been rescinded.

Make notes of any conversations or actions regarding the strip with dates or approximate dates. eg

xxxx - building work started, permission to use land as temporary storage.
xxxx - Complained that strip had now been incorporated into new building.

but do not disclose to the sellers solicitor.
 
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I don't believe the OP granted permission. I understood he took no action against them. I would suggest one small change, to the above..

In reply to the cease and desist letter, having consulted the title (perhaps sending a copy), invite the solicitor to confirm if they either accept the boundary and will advise their client to remedy the trespass (either via proposed easement or removal of encroachment) or reply confirming there is a dispute, so that it can be remedied. Add further, if you do not receive a reply within 7 days, you will assume they intend to remedy the breach and in the event they do not, you will do so within 21 days.

I'm still not clear, how the OP allowed his land to be "built on" unless he means the fence?
 
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