Land use by Neighbour... what to do?

Keell

Hello, we recently moved into a property and a small section of our garden was being used by our neighbour. We didn’t realise it was our land until several months after. The neighbour has been using it and thought it was his for the last 13 years. After several conversations with him he contacted a solicitor to see if he could get the land in his name. We have no problem with this but don’t want to pay fees for land we already own. The section of land is sloped at quite and angle and he has started to remove the soil damaging the fence in the current or we we thought was the boundary. It is our fence and after a quote to replace the fence, have been told that his damage and removal of so much soil will make it difficult and costly to replace it with the fence we want! He has also cut through several large tree roots, which is worrying and had a garden fire causing damage to our hedge and some of the tree. I have lost trust that he will complete and work to the boundary with care of thought. What would be your advise? Thanks 

searchlight123

You really need to nip this in the bud. I presume you are a home owner and not a tenant, if so, this land is yours. It will be shown on your title deeds and land registry plan quite clearly (providing it isn't an inches wide sliver of land). This situation if you allow it to continue will really complicate matters when you decide to sell up and move on also. In the first instance have a chat with your solicitor as a letter from them will carry more weight if you cannot resolve it by talking with your neighbour. Also worth checking if you have legal cover on your home insurance as this is an ideal scenario for getting them involved. I would strongly advise against just letting him keep this land. It may also have a bearing if you have a mortgage as your mortgage company would presumably have valued the property in it's entirety?

creztor

Why give your land away? Get boundary marked out, fenced and he can pay for whatever damage he has done.

Mistral001

Yes legal action is required by you if you want to protect your land and hold on to it.  Pay your solicitor a visit. 

Keell

I guess we were trying to be nice about it as he has been using it for so long. The land is about the size of a garage footprint, directly behind the garage. The damage is due to him not having a clue how to do diy, so not intentional as such. Yes the house is mortgaged but the rest of the garden is large so won’t be worth much. Am I being too nice to save future arguments?

Norman_Castle

Your lender will need to agree to giving away this land. Use this as a reason to reclaim it.

Rosa_Damascena

I have got a feeling there is a 12-year rule squatters rule that applies - not that you cannot challenge it, but your neighbour is seriously TTP.

If you bought, this really should have come out of conveyancer's diligence.

Keell

Unfortunately we used a fully online service so our conveyor didn’t visit the property to match it against the land registry... we should have double checked!

Mistral001

You can exert your rights to protect your property and still be reasonably nice.  The main issue I see is the burning of the hedge and cutting of the roots.   If you give the neighbour the plot of land, will he be so thankful that he will in future show more respect for your property? It is down to your judgement.  

comeandgo

Keell said:

Unfortunately we used a fully online service so our conveyor didn’t visit the property to match it against the land registry... we should have double checked!

I don't think anyone's does.  You have to do it yourself.

Keell

Does anyone know if we allowed him to use the land but he damaged the tree or anything else, would we be insured for his mistakes? Or would it be void?