I have a boundary dispute with my neighbour: Can I get a chainsaw and chop off part of his shed?

Seven years in the past, I purchased a property with a neighbour’s shed encroaching on my land in the back of the backyard.

Although the property agent made me conscious of this on the time, it wasn’t a problem for me as I did not want a mortgage.

Nevertheless, I now want to transfer home and the encroachment is proving to be to be an issue for potential patrons. 

I supplied the land, value £750 to £1,000, free of charge to my neighbour. They rejected this as they could not afford the authorized charges required. They then got here up with a plan to slip the shed again over the boundary. I paid £250 for a skip to assist this course of. 

This has been scheduled 3 times, however hasn’t occurred.

For the reason that picture I despatched you was taken, I’ve eliminated the cladding and the fence panel. I’ve tried to speak with the property’s proprietor, however by no means get a reply. I’ve since been threatened by the proprietor’s brother, ought to I contact the shed once more.    

So, am I allowed to get a builder to chainsaw off the offending shed finish alongside the boundary line?

Jane Denton, of That is Cash, replies: Title deeds ought to clearly outline authorized boundaries – however in actuality they often do not. 

You advised me you consider not less than one particular person has beforehand lived on this ‘shed’ for a time period, although you are not certain that is nonetheless happening. 

It is a scenario which may simply escalate. Thus far, you’ve gotten taken numerous affordable steps to try to get the matter resolved, together with providing the land to your neighbour free of charge. 

Nevertheless, now isn’t the time to worsen the matter unnecessarily. Getting a builder in with a chainsaw to lop off the offending a part of the shed isn’t a good suggestion. 

In regular circumstances, talking on to your neighbour, and, then, if crucial, writing them a proper letter concerning the situation, can be good beginning factors. 

In your circumstances, nevertheless, it is attending to the purpose the place I feel you will want to hunt authorized recommendation. I’ve requested two authorized specialists for his or her take in your matter. 

No matter you resolve to do, please step away from the chainsaw.  

Olivia Egdell-Web page, a accomplice at Joseph A Jones & Co LLP, says: When you’re buying a property, it’s essential to examine the boundaries are appropriately registered, and that any points or discrepancies are resolved earlier than you change contracts.

That approach, you’re continuing with full data of the extent of the land that you’ll personal, and in addition to make sure any further prices concerned in correcting this are borne by, or not less than shared with, the vendor.

The method of confirming the boundaries ought to spotlight points similar to encroachment. 

While Land Registry plans solely present normal boundaries, it seems that the neighbour has acknowledged that their shed, not less than partly, has been erected on land which doesn’t belong to them. 

If that they had not acknowledged this and the boundary was in dispute, you might look to nominate a surveyor to find out the boundary, nevertheless this can be a separate course of which doesn’t seem related to your scenario.

Because the proprietor of your property, you’ve gotten sure rights and tasks in relation to property encroachment. 

Relying on the circumstances and the events concerned, it might be that you’ll be able to search elimination of the encroaching object or construction, or request compensation for damages ensuing from the encroachment. 

This will probably be a matter for negotiation together with your neighbour, and might usually be handled by way of direct negotiation and maybe mediation, if the events are keen. 

That is preferable as it’s extra more likely to protect neighbourly relations, and is actually more cost effective.

If these routes will not be viable or profitable, it might be doable to hunt an injunction, which might require your neighbour to take away the encroaching object or construction, and/or damages to compensate you. 

Should you really feel that negotiations haven’t been profitable, I might suggest you’re taking recommendation from a solicitor who specialises in property litigation, as they are going to have the ability to advise you as to the following steps. 

Actually, I might not advise you to take issues into your personal arms with a chainsaw,. If the matter does find yourself earlier than a court docket, your personal conduct could be considered in deciding the result.

Addressing this can be a precedence, as you will need to take care to not be seen to allow or enable the encroachment to proceed. 

Should you do, and adequate time passes, it might be that the neighbour applies to amass the land from you. 

Your neighbour would want to reveal that that they had used the land with out permission and to the exclusion of all others for a interval of ten years with a view to apply for ‘antagonistic possession’. 

That is the authorized time period for what’s informally known as ‘squatter’s rights’. 

Your contact with the neighbour does appear to clarify that their encroachment is actually not permitted, nevertheless that is one thing for you to remember.

Manjinder Kaur Atwal, director of property regulation at Duncan Lewis Solicitors, says:  Boundary disputes is usually a actual headache. If not tackled sensitively, they will escalate, drag on for years and value 1000’s of kilos in authorized charges.

Nevertheless a lot you’re feeling like taking a chainsaw to your neighbour’s shed, this isn’t the suitable plan of action and will land you in scorching water legally.

You’re completely inside your rights to need your land again—in spite of everything, it’s your property. 

Sadly, you can’t chop off the a part of the shed that’s trespassing in your land.

Taking issues into your personal arms may see you slapped with claims for damages and even prison expenses for property injury.

Skilled Manjinder Kaur Atwal advises in opposition to the reader taking motion with a chainsaw

It does sound that you’ve already gone above and past in your efforts to cope with this matter sensibly, in providing the land free and even paying for a skip.

Nevertheless, since your neighbour is refusing to play ball, it’s time to take issues up a notch – legally talking, that’s.

If – as seems to be the case – they’re digging their heals in and never appearing in your requests – it’s time to ship them a proper letter explaining the difficulty and outlining what you count on.

A impartial mediator may also show you how to and your neighbour attain an settlement with out court docket motion. 

A mediator acts as a referee, serving to you and your neighbour have a constructive dialogue to succeed in an settlement that works for each side. 

It’s faster, cheaper, and fewer confrontational than authorized motion, and is confidential. 

On this case, a mediator may assist your neighbour perceive why eradicating or relocating the shed is important and even work out how one can share prices, similar to solicitor charges or shifting bills. 

You will discover mediators by way of organisations just like the Civil Mediation Council.

If they’re nonetheless unwilling to budge, you possibly can apply for a court docket order to have the shed eliminated. A decide may even order your neighbour to cowl the prices of sorting this mess out.

Should you obtain threats of any sort in relation to this situation, don’t ignore them. Preserve a file and report them to the police – they take harassment and intimidation severely.

Taking down the cladding and fence panel may complicate issues. Keep away from taking additional motion till you’ve gotten taken authorized recommendation – it’s best to remain throughout the regulation whilst you type this out.

In brief, it will not assist your case to take a chainsaw to the offending shed. If unsure, property lawyer will pay dividends. 

They may help you navigate the authorized course of and get the matter sorted so you possibly can promote your house with out additional aggravation.