Neighbour saying my garage is in his Garden

Ath_Wat

What do you actually want?  Is this about the ROW you apparently never use, or is it about trying to keep the garage you have on his land?  Are you happy to lose the latter and keep the former?  Have you suggested this or are you still fighting him about the garage?

GDB2222

It might be the neighbour’s garage that’s been built partially on the OP's land, of course?

Ath_Wat

GDB2222 said:

It might be the neighbour’s garage that’s been built partially on the OP's land, of course?

You mean nobody remembers that it was actually built by the neighbouring property? I suppose that is possible but it seems unlikely.  I presume there is a door going into it from the OP's garden.

GDB2222

Ath_Wat said:

GDB2222 said:

It might be the neighbour’s garage that’s been built partially on the OP's land, of course?

You mean nobody remembers that it was actually built by the neighbouring property? I suppose that is possible but it seems unlikely.  I presume there is a door going into it from the OP's garden.

The OP said that it was so overgrown that he didn’t know it was there!

Ath_Wat

GDB2222 said:

Ath_Wat said:

GDB2222 said:

It might be the neighbour’s garage that’s been built partially on the OP's land, of course?

You mean nobody remembers that it was actually built by the neighbouring property? I suppose that is possible but it seems unlikely.  I presume there is a door going into it from the OP's garden.

The OP said that it was so overgrown that he didn’t know it was there!

True, although that doesn't mean there isn't a door. Although both he and the neighbour seem to accept that it is his so to all intents and purposes, it is.  One presumes they have reasons.

He could, if no access exists from his garden, go to the neighbour and say "Actually this is your garage, you need to knock it down as it is impeding my right of way", but for one he has no proof of that and two, I don't think that's what he wants.

Bendy_House

OP, do you have legal protection on your house insurance? If not, I'd suggest adding it now.

It most likely won't help you regarding the garage, as this is a current - existing - issue, but it could/should assist you if the neighb THEN tries to block the RoW. 

You mustn't let him do this - that is very valuable to your house.

Not sure what to suggest re the garage, but if your plot at that end isn't big enough for a garage without encroaching on your neighbour, then you obviously cannot/shouldn't have one! If your plot IS big enough to house a garage, then a timber-framed garage isn't that expensive. And it would be fully on your land, and be an asset.

I guess you could try and fight this, using AP or Easement or whatevs, but do you really want to go there? (Espec without Legal Protection)

If this were me, I 'think' I might just say "Fair enough, it is partly on your land, but I've been advised that due to the length of time it's been there I may have a claim on it. BUT, I don't want that legal malarkey - I'm sure you don't either - so if you wish to demolish it and take the rubble away, then I'll give you permission to do this. We'll write up a simple agreement on this - I give permission, you do the work and clearing up."

I wouldn't mention the RoW at this point as it could muddy the waters, but wait to see what he does afterwards - by which time your LP will hopefully be in place and be there to challenge it.

I'd also discreetly record any conversation, and make sure any agreement is written down - do not just take their 'word' for anything.

Have you told us what's in your - and his - deeds re the RoW?

123imp

Bendy_House said:

OP, do you have legal protection on your house insurance? If not, I'd suggest adding it now.

It most likely won't help you regarding the garage, as this is a current issue, but it could/should assist you if the neighb then tries to block the RoW. 

You mustn't let him do this - that is very valuable to your house.

Not sure what to suggest re the garage, but if your plot at that end isn't big enough for a garage, then you obviously cannot have one! If your plot IS big enough, then a timber-framed garage isn't that expensive. And it would be fully on your land, and be an asset.

I guess you could try and fight this, using AP or Easement or whatevs, but do you really want to go there? 

If this were me, I 'think' I might just say "Fair enough, it is partly on your land, but I've been advised that due to the length of time it's been there I may have a claim on it. BUT, I don't want that legal malarkey, so if you wish to demolish it and take the rubble away, then I give you permission. We'll write up a simple agreement on this - I give permission, you do the clearing up."

I wouldn't mention the RoW at this point, but wait to see what he does - by which time your LP will hopefully be in place...

Have you told us what's in your - and his - deeds re the RoW?

Sounds like very good advice/solution. This way the OP isn't the one aggravating the situation.

Slinky

But what is the OP going to do if the neighbour knocks the garage down but leaves all the rubble on the OP's land? That possibility has to be considered given the attitude of the neighbour so far.

GDB2222

Slinky said:

But what is the OP going to do if the neighbour knocks the garage down but leaves all the rubble on the OP's land? That possibility has to be considered given the attitude of the neighbour so far.

At that point, if not before, he'll pay for professional advice. Most, if not all, of the posters on this thread have no real knowledge of the law.  

Ath_Wat

Slinky said:

But what is the OP going to do if the neighbour knocks the garage down but leaves all the rubble on the OP's land? That possibility has to be considered given the attitude of the neighbour so far.

Don't you think the neighbour's "attitude" might be down to the fact that he has shown evidence he is in the right about the garage and the OP has not, as far as we know, offered to do anything about it?