Neighbour built on land

globalds

A member of my family is wondering where she stands legally or how is the best way to find a solution .
about 16 years ago one neighbour ,no longer occupant of the property .built a large concrete workshop on the edge of his land .The steel supports for this building protrude past the original boundary line and onto my relatives property .Only about 6 inches ..But this buts right against the house and if any work is done to the house it will require either to build onto this steel or remove it .
Because this was behind a veranda it went unnoticed for a long time and it just seems to have been pushed onto the back burner as an issue .
My relative believes that too much time has passed and the land has been lost .I said I would ask the wise folk on this forum .
Part of the problem is that my relative is quite fond of her present neighbours and doesn't want to cause a major dispute .
The result I would like to see is some kind of legal agreement signed that any future work done would require a return of the original boundaries ... Is that Possible ?
Thanks in advance
GlobalDS

rdpro

afaik, there is a time statute for 'aquiring land' - if no dispute is raised within 12 years (maybe 6?), it's deemed to have been taken over by the occupier. I think in your case, it's worth contacting a surveyor (or phone the land registry - it's free!).
In my experience, a neighbour expanded his hardstanding onto my land - took 4 years and a visit by a judge to sort out. Luckily it was all covered by legal fees insurance.

In your situation, I think it's akin to a neighbour's tree branches overhanging your fence - just cut them off, but pass them back to your neighbour

globalds

The reason it has come to light now is that the veranda has reached the end of it's life and when it is removed a decision will need to be made on what to do with the neighbours steel supports .
I will try the land registry ...And prepare to get hold of some oxyacetylene cutting gear ..I'll have to be careful when I sling it over the fence

Sailor_Sam

Not exactly the same but...... when my sister moved into her house, next doors had extended to the boundary, but looking up 20' to the roof, the bargeboards/gutter over hang by about 18". She did'nt say anything at the time, cos she did'nt want any problems with her purchase. At some time in the future she wants to extend herself, i think this will come back to bite-her-on-the-bum.

waggys

You could do with reading a book called 'Anstey's Boundary Disputes' it covers all this sort of thing. Land registry does not categorically show boundarys entirely accurately as their detail in not precise enough.

Debt_Free_Chick

You don't have to resort to a legal approach here. If the neighbour simply agrees to return things to how they were, then that could be the end of the matter.

I discuss with the neighbour first, particularly if the infringement is "obviously wrong"

tealady

Hi It might be worth having a chat with your local Council planning office, they may be able to give you a few pointers on this.

kazwookie

Do the new neighbours know of the 'problem', if they are not aware, a friendly chat might just solve it.

globalds

Thanks for taking the time to post.
I will pass all these comments on ,and maybe see if either the land registry or local council have any thoughts on how best to pursue this .
This is only me ,but I work on the speak quietly and carry a big stick school of thought.
Therefore IMHO before my relative talks to the neighbour it would be best to know which party has the benefit of the law behind them .