Urgent legal advice needed

[Breesy1]

I don't understand the need to report it and what solution would follow. It only irritates neighbours you have to live by, at least for a period. One way or another you have to cross them in the near future too.

This sounds like a reasonably simple legal question to answer. The fact that a guy wanted you out his house is immayerial to the answer and won't in any way influence it.

No unrelated witnesses and the police will have a friendly word at best. Nobody harmed, more trouble than it is worth.

Sack your solicitor for telling you to go round, knock a bit off his bill as a result and go make your own enquiries with fhe Land Registry. Public records may help and will be cheaper. If uncomfortable get a new solicitor

 

[Breesy1]

As for notifying any future buyer, it depends on extent. Not sure this qualifies as yet.

Buying a house is guided by the principle of caveat emptor anywau - buyer beware. If their solicitor fails to make enquiries then that is their issue

 

[hans kraay fan club]

Just for clarity Rob, is this what you are explaining? (the RED line, is the boundary that the neighbours are claiming).

 

[Mr Smggles]

View attachment 43226

Just for clarity Rob, is this what you are explaining? (the RED line, is the boundary that the neighbours are claiming).

Thats how I see it in my head. Although Robs house was on the right hand side, and the angry chaps house was on the left, obviously with the shed on robs side too.

 

[Publius Ovidius]

View attachment 43226

Just for clarity Rob, is this what you are explaining? (the RED line, is the boundary that the neighbours are claiming).

OOOOH HKFC has an etcha sketch

 

[Normal Rob]

View attachment 43226

Just for clarity Rob, is this what you are explaining? (the RED line, is the boundary that the neighbours are claiming).

More or less, yes, though they only have claim to half of the portion you have attributed to them, and the angry chaps house forms the boundry line on the left hand side of their property in front of the shed.

 

[hans kraay fan club]

More or less, yes, though they only have claim to half of the portion you have attributed to them, and the angry chaps house forms the boundry line on the left hand side of their property in front of the shed.

Fixed

 

[drew]

Simple solution would be to say to them that you want to extend your house to the brick shed which sits entirely on your property. In return for not going down the legal dispute route (assuming you are spending a fair bit on the extension) offer to buy them a shed to be erected in their garden, within their boundary. £3/400 should provided a much bigger facility than they have now and you'll probably save that on the solicitors fees you would have incurred in a dispute! Seems the boundary isn't in dispute, just their entitlement to the freehold of that 12 square foot which you are in effect buying off them for the price of a shed. I hasten to add I have no legal qualifications, just using common sense.

 

[Billy the Fish]

What constitutes manhandling?

Personally I'd turn the other cheek rather than potentially open a bigger can of worms. If you don't have any marks or bruises then it's barely worth worrying about, you've probably already wasted too much of your brain power on it already.

 

[perseus]

Just move house. It'd be cheaper.

Some people like horrid neighbours are just not rational. Expect more of the same. Mediators ought to know this. Now you have found out. From personal experience. Bridges are burned.

 

[seagullsovergrimsby]

Fixed

View attachment 43227

If that drawing is correct the solution is to demolish the stone shed and rebuild another which joins onto the house and eliminates the neighbour's claim they have a flying freehold as they will have to prove where the boundary line is in their own title deeds.

 

[Normal Rob]

Simple solution would be to say to them that you want to extend your house to the brick shed which sits entirely on your property. In return for not going down the legal dispute route (assuming you are spending a fair bit on the extension) offer to buy them a shed to be erected in their garden, within their boundary. £3/400 should provided a much bigger facility than they have now and you'll probably save that on the solicitors fees you would have incurred in a dispute! Seems the boundary isn't in dispute, just their entitlement to the freehold of that 12 square foot which you are in effect buying off them for the price of a shed. I hasten to add I have no legal qualifications, just using common sense.

I've tried that, they are not interested.

If that drawing is correct the solution is to demolish the stone shed and rebuild another which joins onto the house and eliminates the neighbour's claim they have a flying freehold as they will have to prove where the boundary line is in their own title deeds.

The shed is circa 20ft X15ft in size, made of solid stone, with walls 2 foot thick. Probably 30-40 tonnes of rubble. Not practical I'm afraid. Besides it is 170 years old, and beautiful.

 

[GreersElbow]

First and foremost, did they ask you to leave before they manhandled you out of the house? This is imperative to know, because if there was a pre-emptive warning, then he has the right to remove you from the house. If he hasn't, unless he admits to no warning. It's his word against yours.

 

[seagullsovergrimsby]

The shed is circa 20ft X15ft in size, made of solid stone, with walls 2 foot thick. Probably 30-40 tonnes of rubble. Not practical I'm afraid. Besides it is 170 years old, and beautiful.

Do you have any documentation on how your neighbour (or previous neighbours) "acquired" part of the shed with it being that old ?

 

[PILTDOWN MAN]

As an aside I too have suffered boundary issues on a farm I once owned in Piltdown (hence my name!). Only when we were selling the property did it come to light. Three previous purchases didn't bring it to up but due to the width of a red pen over a large area such as a farm it amounted to a twelve foot difference in the boundary which was basically our driveway. Also originally being part of a larger farm the cottage up the road (the last to be sold when the farm was first split up) owned a small triangle which transcended my neighbours and our land (only a small parcel). It actually formed part of my neighbours house! As I say none of this was never picked up due to the obvious boundaries between the properties being a 7 foot high brick built wall and the thickness of a red pen on the Land Registry Plans. It was only my purchasers solicitor who somehow found old plans which no one else had ever seen that brought this problem up.

Fortunately all concerned, including the very elderly couple in living in the old cottage, just sorted it out.

Just to add the purchaser's solicitor was particularly fastidious and insisted the area of archaeological significance at the bottom of our farm was fully investigated. We were aware that it had been an old settlement and that a limited number of digs had been done but not for years. We ended up getting a professor from Sussex University (could have been a professor of music for all I know) to look over the ground and from the records found it become apparent it was the location that the Piltdown Man was supposedly found.

In regard to Stoneshedgate I think it may a tricky one if the usage by the neighbour/s has been for many years and can be proved.

 

[marshallmercury]

Go onto the land registry website and buy a copy of your neighbours title deed. I think it costs about £ 3.50 and you can download it straight away. On that it will tell you what area your neighbours freehold covers. If what they are claiming is not shown on their title deed you can tell them to go #### themselves!!!

 

[marshallmercury]

Forgot to say you need to buy and download the Title Plan and the Title Register for your neighbours house. So about 7 quid in total.