Defending boundary dispute

user1977

GDB2222 said:

The only alternative is to sort something out with the neighbour that he is happy with. Maybe an annual rental for the piece of land, or buy it from him. It would have been better to do this as soon as he raised the issue, of course.

Or not to have done it at all in the first place.

Is the shed straddling the boundary line because that's the only way it would fit?

Also, what is the neighbour actually wanting done about it? Are they insisting on the physically boundary being moved back to where it should be, or are they willing to regularise where it currently is (presumably for a price)?

AlwaysTrying23

user1977 said:

GDB2222 said:

The only alternative is to sort something out with the neighbour that he is happy with. Maybe an annual rental for the piece of land, or buy it from him. It would have been better to do this as soon as he raised the issue, of course.

Or not to have done it at all in the first place.

Is the shed straddling the boundary line because that's the only way it would fit?

In hindsight, I don’t know what the thoughts and feelings were 20+ years ago but there would certainly be different thoughts processes had this occurred now. 

I appreciate all replies. He has actually accepted the shed can be moved but it’s who pays for this which is currently disputed. He is in no position to and the claimant refuses also. One could argue had the claimant checked the house before buying, even using google maps, this could have been brought up and reduced from the asking price.  

 

housebuyer143

How much land is it any why do they want it back?
It's it just a principle thing because that's quite petty. If they don't need it and it's literally a small strip maybe you offer to buy it from them or rent it from them?
If they are planning to flip the house, betting is they want it moved because it's going to cause huge issues with the conveyancing for the next buyer.

AlwaysTrying23

housebuyer143 said:

How much land is it any why do they want it back?
It's it just a principle thing because that's quite petty. If they don't need it and it's literally a small strip maybe you offer to buy it from them or rent it from them?
If they are planning to flip the house, betting is they want it moved because it's going to cause huge issues with the conveyancing for the next buyer.

Imagine an 8m length, width starts from boundary and ends 0.5m out. 

It was purchased for a HMO so who knows. I’ve advised him to consider the buy/rent option thank you. 

user1977

While renting would formalise it in a way, I really wouldn't go for that as I'm sure neither party actually wants to be landlord or a tenant of a weird wedge of garden ground, and it's not going to help much with a future sale - I expect any buyer (of either property) would want the ownership boundary moved (or the physical boundary moved back).

Momanns

AlwaysTrying23 said:

Thank all, I assumed the fact permission was granted potentially makes adverse possession a non-starter. 

I have my own thoughts on the matter but still want to explore all avenues. 

The difficulty is it is a large shed in a tiny garden so that along with the costs to sort foundation,  relocation and fencing means neither side wants to accept the financial liability. 

At this risk of sounding curt, it's not difficult or a matter of accepting liability. Your friend built a foundation & fencing on land that wasn't their own. I understand the previous permission but using it for a period of time is one thing, laying foundations on it is something else. 

Hopefully your friend is able to come to arrangement but ultimately if the new owner says no - your friend doesn't have a leg to stand on. 

Momanns

AlwaysTrying23 said:

housebuyer143 said:

How much land is it any why do they want it back?
It's it just a principle thing because that's quite petty. If they don't need it and it's literally a small strip maybe you offer to buy it from them or rent it from them?
If they are planning to flip the house, betting is they want it moved because it's going to cause huge issues with the conveyancing for the next buyer.

Imagine an 8m length, width starts from boundary and ends 0.5m out. 

It was purchased for a HMO so who knows. I’ve advised him to consider the buy/rent option thank you. 

Just picking up on this, might be worth doing some digging to see if the HMO is being done by a company or experienced landlord. I'd imagine if so, they would be less likely to compromise.

GDB2222

AlwaysTrying23 said:

user1977 said:

GDB2222 said:

The only alternative is to sort something out with the neighbour that he is happy with. Maybe an annual rental for the piece of land, or buy it from him. It would have been better to do this as soon as he raised the issue, of course.

Or not to have done it at all in the first place.

Is the shed straddling the boundary line because that's the only way it would fit?

In hindsight, I don’t know what the thoughts and feelings were 20+ years ago but there would certainly be different thoughts processes had this occurred now. 

I appreciate all replies. He has actually accepted the shed can be moved but it’s who pays for this which is currently disputed. He is in no position to and the claimant refuses also. One could argue had the claimant checked the house before buying, even using google maps, this could have been brought up and reduced from the asking price.  

 

I can well understand that nobody wants to pay to move the shed, but that's entirely different from having the legal obligation to move it. At the moment, the shed is trespassing on the neighbour's land, and the friend has an obligation to rectify that, at his own expense of course. 

Going to court is foolish if the outcome is to increase the costs greatly whilst gaining only a few months delay. 

Incidentally, I can't see the point of having a surveyor reporting on the boundary. Surely, that's something both parties can agree on? A surveyor is just more expense. 

If the op's friend refuses the surveyor permission to come onto his land, the neighbour can apply to the court for an order requiring access. That's just more expense that the op's friend will end up paying in the end. If he can't afford to pay the neighbour's costs, the bailiffs will call round, and if there's really nothing worth their while taking the neighbour can get a charging order on OP's friend's house. 

jonnydeppiwish!

I appreciate all replies. He has actually accepted the shed can be moved but it’s who pays for this which is currently disputed. He is in no position to and the claimant refuses also. One could argue had the claimant checked the house before buying, even using google maps, this could have been brought up and reduced from the asking price.  

 

I’m not really sure that’s a hard decision. Your friend built it over the neighbours land. New neighbours wants it back so your friend has to move it at their own expense.

user1977

AlwaysTrying23 said:

user1977 said:

GDB2222 said:

The only alternative is to sort something out with the neighbour that he is happy with. Maybe an annual rental for the piece of land, or buy it from him. It would have been better to do this as soon as he raised the issue, of course.

Or not to have done it at all in the first place.

Is the shed straddling the boundary line because that's the only way it would fit?

One could argue had the claimant checked the house before buying, even using google maps, this could have been brought up and reduced from the asking price.  

Even if it had been, it would make no difference to your friend's rights.