Our extension encroaches onto neighbour's property - how to sort out?

andybird878

My wife and I bought a house last year and unfortunately didn't notice that around 6 inches of our utility room (which was added as an extension by the previous owners) seems to be past the fence boundary line, built up against a shed in their garden. Additionally our garage roof overhangs their garage roof, on to that wall. I can add pictures if that helps explain the situation.

Our neighbours mentioned this to us in passing, saying that they didn't mind and appreciate it's not our fault. However, they are due to move in the next few months - presumably any new neighbours could potentially kick up a fuss about it is their land? We're trying to find out more details from our current neighbours on exactly what was put up when (we can't see e.g. planning permission).

We're kicking ourselves that we didn't notice it when doing viewings etc., but is this also something that should have been picked up by the surveys we ordered? At the moment, we're going to follow up with the solicitors to check on this point.

Otherwise, we were just hoping for a bit of general advice from anyone on this forum on what our next steps could/should be? Is there a legal process to 'buy' that small bit of land/come to an agreement with the current owners? Would that transfer to potential new owners, or could such an agreement significantly negatively affect our neighbour's property valuation? Thanks in advance for any wisdom!

Doozergirl

Are you attached to your neighbours? 

andybird878

The actual houses aren't - two garages (think they're both extensions of the original properties) do join though.

Aylesbury_Duck

I would expect it to come up in any survey a prospective buyer of your neighbour's house organises, but it clearly didn't come up in yours!

If you come to a formal, legal agreement to buy the extra slice of land, then any new owner will be buying the house minus that slice of land.  I can't see that would devalue the house, unless all prospective buyers were interested in doing something that's an obvious fit for the space such as an extension and realise they can't because of an unusual cut-out in the boundary.

Doozergirl

So your utility just jets over some land, not an extension of a party wall?  

It probably won't come up.  The future buyers are effectively accepting the status quo, but make sure you have legal protection with your home insurance to defend any future claim.  

I wouldn't really go about trying to buy slithers of land.  It's hard enough to prove a boundary in the first place. 

theoretica

It is definitely your property encroaching over the boundary and not theirs/the fence not being exactly on the boundary?

Alderbank

We are talking about 150mm?

I would be surprised if the Land Registry defines your property to within a few millimetres.

aoleks

I would make sure my boundary is where I think it is, land registry documents are not suitable for that purpose. A boundary surveryor will be able to help, but aince the neighbour didn’t say anything, it will all be fine.

there is a chance the buyer’s surveyor will pick it up, pay an indemnity insurance (YOU pay, not the buyer) and that’s that, no problem at all.

even if it goes to court and the judge decides in your/the new owner’s favour, they won’t do anything for a few inches.

Rosa_Damascena

aoleks said:

I would make sure my boundary is where I think it is, land registry documents are not suitable for that purpose. A boundary surveryor will be able to help, but aince the neighbour didn’t say anything, it will all be fine.

there is a chance the buyer’s surveyor will pick it up, pay an indemnity insurance (YOU pay, not the buyer) and that’s that, no problem at all.

even if it goes to court and the judge decides in your/the new owner’s favour, they won’t do anything for a few inches.

Great, lets all start grabbing our neighbour's land then!! (I speak as a bitter victim).

aoleks

Rosa_Damascena said:

aoleks said:

I would make sure my boundary is where I think it is, land registry documents are not suitable for that purpose. A boundary surveryor will be able to help, but aince the neighbour didn’t say anything, it will all be fine.

there is a chance the buyer’s surveyor will pick it up, pay an indemnity insurance (YOU pay, not the buyer) and that’s that, no problem at all.

even if it goes to court and the judge decides in your/the new owner’s favour, they won’t do anything for a few inches.

Great, lets all start grabbing our neighbour's land then!! (I speak as a bitter victim).

I’m not saying it’s right, don’t get me wrong, but read this…

https://www.ogier.com/news/familys-lost-home-over-boundary-dispute-underlines-the-importance-of-legal-advice#

someone encroached on HIS property (literally 3 inches, not more!!). After 8 years and £130k, guess who had to sell their home?

not the idiot who encroached, but the victim who lost 3 inches. As I said, judges don’t look favourably at these things and for 1-2 inches, you’re better off ignoring the problem.

if you do want to cause any legal damage, you are of course allowed to do anything in your garden, you could plant some trees next to your neighbour’s extension, you can have a fountain that would cause him severe damp problems etc.

but don’t to court over this, you’re risking your livelihood over nothing.

andybird878

Thank you everyone for your advice in this thread