Neighour's extension on my land

prudryden

I agree with an official report from a surveyor would help. But what does the surveyor depend on? I suppose if the deeds (assuming no finite measurements are on the deeds) show a straight line, rather than a line with a kink in it, that would give the surveyor some ammunition. What do you think?

VictorMeldew

My surveyor said that it sounds like I have a strong case based on what I've said and the diagrams and photos I've sent him so far. He said that my neighbour would be stupid to contest it if I go to a solicitor, but unfortunately he doesn't know my neighbour! Hopefully I'll know more on Tuesday after the surveyor has been out.

I don't see how they could prove it's their land as the extension has crossed a straight line on the Land Registry diagram. The extension sticks through my fence at this point, so unless they can prove that my fence is in the wrong place then they've got no chance. My fence has been there at least 8 years and probably much longer, and no-one else has contested its position.

The longer this goes on for, the more I want the thing to be knocked down. It's already effecting me and my family. I keep waking up in the night thinking about it, and my wife keeps going on at me because it's all I talk about!

hethmar

Squat, you can see from Victor's notes this matter is already affecting his health - whilst I would, like you, have blandly said 4 years ago - Its his land, then the other bloke is wrong - I can assure you it does not work that simply. If it had done so, we would not be in the 4th year of a dispute and we would not have racked up thousands in solicitors fees. It is easy to see things in black and white when you are not involved in a situation but this sort of matter can go on for years. For instance, in this case - what if the neighbour says, OP gave me permission - look, he has my scaffolding in his garden because he agreed to the extension? My parents spoke to him aswell and he was happy about it" - Thats just one example of the type of argument that will come up and go on and on and on in both paperwork and in the court.

dougk_2

To the OP just my view - I know I would be feeling the same as you, but maybe time to think objectively.

The amount of land you "lost" would may make very little difference to the value of the property, however bad feelings/bad relationship with a neighbour can have a major impact on your house value / quality of life - especially when you come to sell.

If you plan to move in the next two years (eg its not your "dream home") it maybe better to keep boundary disputes off the agenda as it will put buyers off.

Maybe as solution I would consider to accept the small piece of land he cannot use (assume it is the section beside your shed), and agree that the neighbour pays the cost of the legal fees etc in having this made legally yours. This could actually work in your benefit as the shed could be moved accross on the new piece of land and open the garden up a bit more.

prudryden

dougk wrote: »

To the OP just my view - I know I would be feeling the same as you, but maybe time to think objectively.

The amount of land you "lost" would may make very little difference to the value of the property, however bad feelings/bad relationship with a neighbour can have a major impact on your house value / quality of life - especially when you come to sell.

If you plan to move in the next two years (eg its not your "dream home") it maybe better to keep boundary disputes off the agenda as it will put buyers off.

Maybe as solution I would consider to accept the small piece of land he cannot use (assume it is the section beside your shed), and agree that the neighbour pays the cost of the legal fees etc in having this made legally yours. This could actually work in your benefit as the shed could be moved accross on the new piece of land and open the garden up a bit more.

I am tending to agree with you. However, it is a very emotive subject. I know how my feelings are towards the neighbour who let his builders tear down our party wall fence. They also started to dig the foundation ditch on my property. Needless to say, it has been brought to a screeching halt after quoting the Party Wall Act.

SquatNow

hethmar wrote: »

It is easy to see things in black and white when you are not involved in a situation but this sort of matter can go on for years.

I understand, however if the OP had gone to court, the matter would be sorted already.

hethmar wrote: »

For instance, in this case - what if the neighbour says, OP gave me permission - look, he has my scaffolding in his garden because he agreed to the extension? My parents spoke to him aswell and he was happy about it".

Judge will ask to see evidence in writing. Nothing in writing? Irrelevant then!

Even if the judge believed it, there is no-one the OP could have known, from the position of the scaffolding, that the house would end up on his land.

I need to emphasise again:
The sole purpose of UK law, order, police force and army is to protect the rights of landowners.

This is no joke! The prime service the government provides is the protection of the ownership of land. That is what government, as a concept, is based upon. Without that protection a government is powerless.

If a judge found against the OP, houses would be popping up all over the place and the builders using the case as a precident to claim the land.

prudryden

Uhhh! Isn't that happening in some places now with the travelers?

greenface

8 pages long 150 posts some great information and posts Victor you have my full support and it would p*ss me off if i felt i was being dumped on from two stories high.

For what its worth heres my pennies worth.
Dont let your anger alter the facts
Get a solicitor that has experts in boundary issues
Let them instruct a boundary surveyor and find out Exactly and literally where you stand.
Structural encroachment is the issue i would be throwing at them and The Planning Officers.
If the extension or even a bracket off the gutter is on your land it shouldnt be.
dont know if they have already gone into your waste but....... i wouldnt

good luck keep this thread alive.

hethmar

Oh squat now, it would not have even got to court yet - there are months and months of preliminaries and arguments and then the court will ask for mediation - please believe me - we have photos and even aerial photos back to 1947. We have 9 witness statements, including one who is himself a solicitor, it makes not a jot of difference, if the other guys says, I didnt do it, its mine or I reject the argument, it goes off again.

Have a look at Neighbour from Hell forum or GardenLaw forum, you will see poor devils over there with black and white cases who are grinding into their 6th and 7th year of argument and legal work.

guppy

VictorMeldew wrote: »

The longer this goes on for, the more I want the thing to be knocked down. It's already effecting me and my family. I keep waking up in the night thinking about it, and my wife keeps going on at me because it's all I talk about!

I realise its easier said than done, but try not to let it affect the rest of your life or cause you stress. Its really not worth it, especially if its interfering with your family too.

At the end of the day, the extension isn't physically affecting you that much, its just a matter of principle. I'm not suggesting you give up, just try and take a step back. Try and think of it as a game if you can, one which you intend to win, obviously