Defending boundary dispute

silvercar

Can you move the shed without moving the foundation? Sheds stand perfectly well on shale, so it maybe an option to shove some shale on the new area and move the shed along.

What is the state of the 20 year old shed? Is it going to survive a move?

ThisIsWeird

It doesn't change anything whether the new neighbour checked/should have checked, the boundaries before purchase. They may very well have been aware, and just thought "I'll sort this out later...".

I think the OP's friends best move is to simply say, "Fair enough. Of course you can move the boundary to what is the correct original position. Go ahead. Of course, any resulting damage must be paid for."

What will the neighb's option be with the shed? Can they really force the owner to move it? Either they pay to do so, or else let them go through the legal process to make the owner so, with whatever legal costs they'd have accrued.

GDB2222

ThisIsWeird said:

It doesn't change anything whether the new neighbour checked/should have checked, the boundaries before purchase. They may very well have been aware, and just thought "I'll sort this out later...".

I think the OP's friends best move is to simply say, "Fair enough. Of course you can move the boundary to what is the correct original position. Go ahead. Of course, any resulting damage must be paid for."

What will the neighb's option be with the shed? Can they really force the owner to move it? Either they pay to do so, or else let them go through the legal process to make the owner so, with whatever legal costs they'd have accrued.

Why would the neighbour pay for this? Maybe, they'd have agreed to that before they went to the trouble of issuing proceedings, but now I expect they want their pound of flesh. 

Did the OP say that this dispute has been going on since 2021?

Niv

silvercar said:

Can you move the shed without moving the foundation? Sheds stand perfectly well on shale, so it maybe an option to shove some shale on the new area and move the shed along.

What is the state of the 20 year old shed? Is it going to survive a move?

I am pretty sure that earlier in the thread it was confirmed that this is a block shed so probably in decent condition.

sheramber

Can the shed  be shortened to stop at the boundary?

AlwaysTrying23

silvercar said:

Can you move the shed without moving the foundation? Sheds stand perfectly well on shale, so it maybe an option to shove some shale on the new area and move the shed along.

What is the state of the 20 year old shed? Is it going to survive a move?

It’s a big concrete shed / workshop. Not an easy job to move or dismantle. It was refreshed in 2020. 

jonnydeppiwish!

ThisIsWeird said:

It doesn't change anything whether the new neighbour checked/should have checked, the boundaries before purchase. They may very well have been aware, and just thought "I'll sort this out later...".

I think the OP's friends best move is to simply say, "Fair enough. Of course you can move the boundary to what is the correct original position. Go ahead. Of course, any resulting damage must be paid for."

What will the neighb's option be with the shed? Can they really force the owner to move it? Either they pay to do so, or else let them go through the legal process to make the owner so, with whatever legal costs they'd have accrued.

No. The neighbour is entitled to their land and the friend is trespassing on it. The friend will have to move the shed at their own cost.

Yes they can legally force the friend to move it and probably have the costs covered as well. Given that the friend already knows that the boundary is incorrectly marked following a verbal agreement. Had it been written down and changed in the deeds it would be a different matter.

jonnydeppiwish!

AlwaysTrying23 said:

silvercar said:

Can you move the shed without moving the foundation? Sheds stand perfectly well on shale, so it maybe an option to shove some shale on the new area and move the shed along.

What is the state of the 20 year old shed? Is it going to survive a move?

It’s a big concrete shed / workshop. Not an easy job to move or dismantle. It was refreshed in 2020. 

Looks like your friend will have to refresh it again on moving it.

ThisIsWeird

Not sure this shed is 'trespassing' - the previous neighbour agreed for the OP's friend to put it there.

How would this work out if it was something else - a parked car?! Could you force the owner to move it, after 'inviting' them to place it there 20 years ago? Or would you just give them notice that permission was now rescinded, and - if they didn't shift it - they'd have it removed? No idea.

I look forward to seeing how this pans out

I certainly agree that the OP's friend does not have entitlement to that strip, certainly legally. But, they 'took' it with permission and in good faith, and assuming it would be a permanent arrangement. Yes, I agree it should now - in equally good faith - be given back as requested, but at a cost to the OP's friend? Hmm, not so sure.

If this were to go 'civil' dispute, I think an adjudicator may well come down on the side of the OP's friend, as they were permitted to build their garage there by the previous owner; the decision could well come down to what is 'reasonable' - these things are not writ in stone, especially when only thin slices of land are involved. The disruption and inconvenience caused to the 'innocent' OP's friend would, I think, be taken into account against the minor gain for the neighbour.

AT23, ask your friend if they have LegProt on their house insurance, if they do, then they should call them up for advice. They should be able to make a calculated judgement on the likelihood of successfully defending any claim by the neighbour. If they reckon it's greater than a 50% chance, they will likely take it on.

Murphybear

It’s perfectly possible to inspect auction properties.  People are advised to do so