Neighbour saying my garage is in his Garden

Bendy_House · 30 June 2022 at 9:42PM

If the OP is genuinely 'entitled' to have their garage in that location, whether by AP or Easement or old agreement, then it's up to them to pursue it if they want to.

I'm assuming, however, that they are on somewhat uncertain ground here, and to legally challenge the issue could be costly and drawn out. And it doesn't appear as tho' they have legal cover, so to pursue this would likely be quite a risk.

It's up to the OP, but what I suggested - and it's only an option for them to consider - might offer a least costly solution to resolve this. Might.

If the neighb agrees this, then I think the OP will be on firmer ground, certainly compared to what he has at the moment, which sounds like nothing (is he really going to legally challenge his neighb?). If the neighb 'agrees' - in a demonstrable way (written agreement or witnessed, for example) - to demolish and remove the garage, and then reneges on this, I would hazard that the OP could successfully sue him (SC, Money claim) for the cost of removing the rubble; the neighb would have breached what is effectively a contract.

Until the OP actually tells us what they hope to achieve, then we have only potential options to offer.

I would suggest that the 'big' issue is maintaining the RoW. Assuming it IS one.

Bendy_House · 30 June 2022 at 9:46PM

Ath_Wat said:

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?

Very possibly.

It does appear, tho', that the neighb isn't going about trying to resolve this in the correct manner. For them to try and put up fences to block what is very likely a RoW, is silly.

One of them needs to decide what an acceptable outcome should be, and try and agree a solution.

If the neighb simply says "No!" to my suggestion, then the OP is back to square one.

Slinky · 1 July 2022 at 8:49AM

Ath_Wat said:

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?

Oh yes I can well understand there could be some attitude provoked by them seeing the OP as being in the wrong, but the installation of fencing to block of the OP's ROW isn't going the right way about it.

Bendy_House · 1 July 2022 at 9:09AM

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.

Absolutely. That's why any agreement should be written down and/or witnessed. If the neighb then does as you suggest they could - and there's a fair chance they will! - then I understand there is every possibility in making they pay up by giving them a deadline, paying to have it cleared yourself if they fail, and then suing them using, say, MoneyClaim.org. This is a 'contract' that has been breached.

Section62 · 1 July 2022 at 9:23AM

Before moving on to demolishing anything the OP should require the neighbour to prove the garage is partially built on the neighbour's land, not the OP's land.

Boundaries don't have to be straight lines....

DE_612183 · 1 July 2022 at 9:35AM

By the way - what is this ( In red )?
If you knocked down the garage and this ( shed? ) - you could put a hardstand in.
Perhaps an idea would be to lodge a planning application for that piece of land that is yours and see what the guy next door does with that?

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/17/8jtmfcb3syih.jpg

DE_612183 · 1 July 2022 at 9:46AM

Norman_Castle said:

xmeenax said:

Any advise you can give me on this would be great. Thank you.

Take multiple pictures showing all fences and boundaries. If you know what he's planning to do contact your planning office. They're unlikely to defend your access but may find fault with his plans.

If you plan on defending the access start to use it regularly. Your garage shouldn't be on his property, if it was moved or removed there's the potential to rent out the space.

There is nothing on the planning portal for this, so I assume he thinks he can just build.

Ath_Wat · 1 July 2022 at 10:55AM

Section62 said:

Before moving on to demolishing anything the OP should require the neighbour to prove the garage is partially built on the neighbour's land, not the OP's land.

Boundaries don't have to be straight lines....

Have a look at the first few posts on page 2. The OP acknowledges that the title plans show straight lines and that the garage is on the neighbour's land.