Seven years ago, I bought a property with a neighbour’s shed encroaching on my land at the back of the garden.
Though the estate agent made me aware of this at the time, it wasn’t an issue for me as I didn’t need a mortgage.
However, I now wish to move house and the encroachment is proving to be to be a problem for potential buyers.
I offered the land, worth £750 to £1,000, for free to my neighbour. They rejected this as they couldn’t afford the legal fees required. They then came up with a plan to slide the shed back over the boundary. I paid £250 for a skip to aid this process.
This has been scheduled three times, but hasn’t happened.
Since the photo I sent you was taken, I’ve removed the cladding and the fence panel. I’ve tried to communicate with the property’s owner, but never get a reply. I’ve since been threatened by the owner’s brother, should I touch the shed again.
So, am I allowed to get a builder to chainsaw off the offending shed end along the boundary line?
Shed saga: A This is Money reader sent in this image of their neighbour’s encroaching shed
Jane Denton, of This is Money, replies: Title deeds should clearly define legal boundaries – but in reality they sometimes don’t.
You told me you believe at least one person has previously lived in this ‘shed’ for a period of time, though you aren’t sure this is still going on.
It’s a situation which could easily escalate. To date, you have taken a number of reasonable steps to try and get the matter resolved, including offering the land to your neighbour for free.
However, now is not the time to aggravate the matter unnecessarily. Getting a builder in with a chainsaw to lop off the offending part of the shed is not a good idea.
In normal circumstances, speaking directly to your neighbour, and, then, if necessary, writing them a formal letter about the issue, would be good starting points.
In your circumstances, however, it’s getting to the point where I think you will need to seek legal advice. I have asked two legal experts for their take on your matter.
Whatever you decide to do, please step away from the chainsaw.
Olivia Egdell-Page, a partner at Joseph A Jones & Co LLP, says: When you are purchasing a property, it is crucial to check the boundaries are correctly registered, and that any issues or discrepancies are resolved before you exchange contracts.
That way, you are proceeding with full knowledge of the extent of the land that you will own, and also to ensure any additional costs involved in correcting this are borne by, or at least shared with, the seller.
Law firm partner Olivia Egdell-Page says it’s vital to sort the boundary issue before selling the home
The process of confirming the boundaries should highlight issues such as encroachment.
Whilst Land Registry plans only show general boundaries, it appears that the neighbour has acknowledged that their shed, at least in part, has been erected on land which does not belong to them.
If they had not acknowledged this and the boundary was in dispute, you would possibly look to appoint a surveyor to determine the boundary, however this is a separate process which does not appear relevant to your situation.
As the owner of your property, you have certain rights and responsibilities in relation to property encroachment.
Depending on the circumstances and the parties involved, it may be that you are able to seek removal of the encroaching object or structure, or request compensation for damages resulting from the encroachment.
This will be a matter for negotiation with your neighbour, and can often be dealt with through direct negotiation and perhaps mediation, if the parties are willing.
This is preferable as it is more likely to preserve neighbourly relations, and is certainly more cost-effective.
If these routes are not viable or successful, it may be possible to seek an injunction, which would require your neighbour to remove the encroaching object or structure, and/or damages to compensate you.
If you feel that negotiations have not been successful, I would recommend you take advice from a solicitor who specialises in property litigation, as they will be able to advise you as to the next steps.
Certainly, I would not advise you to take matters into your own hands with a chainsaw,. If the matter does end up before a court, your own conduct may well be taken into consideration in deciding the outcome.
Your neighbour could later apply for adverse possession – the legal term for squatter’s rights
Addressing this is a priority, as you must take care not to be seen to permit or allow the encroachment to continue.
If you do, and sufficient time passes, it may be that the neighbour applies to acquire the land from you.
Your neighbour would need to demonstrate that they had used the land without permission and to the exclusion of all others for a period of ten years in order to apply for ‘adverse possession’.
This is the legal term for what is informally referred to as ‘squatter’s rights’.
Your contact with the neighbour does seem to make clear that their encroachment is certainly not permitted, however this is something for you to bear in mind.
Manjinder Kaur Atwal, director of property law at Duncan Lewis Solicitors, says: Boundary disputes can be a real headache. If not tackled sensitively, they can escalate, drag on for years and cost thousands of pounds in legal fees.
However much you feel like taking a chainsaw to your neighbour’s shed, this is not the right course of action and could land you in hot water legally.
You are absolutely within your rights to want your land back—after all, it is your property.
Unfortunately, you cannot chop off the part of the shed that is trespassing on your land.
Taking matters into your own hands could see you slapped with claims for damages or even criminal charges for property damage.
Expert Manjinder Kaur Atwal advises against the reader taking action with a chainsaw
It does sound that you have already gone above and beyond in your efforts to deal with this matter sensibly, in offering the land free and even paying for a skip.
However, since your neighbour is refusing to play ball, it is time to take things up a notch – legally speaking, that is.
If – as appears to be the case – they are digging their heals in and not acting on your requests – it is time to send them a formal letter explaining the issue and outlining what you expect.
A neutral mediator can also help you and your neighbour reach an agreement without court action.
A mediator acts as a referee, helping you and your neighbour have a constructive discussion to reach an agreement that works for both sides.
It is quicker, cheaper, and less confrontational than legal action, and is confidential.
In this case, a mediator could help your neighbour understand why removing or relocating the shed is necessary and even work out how to share costs, such as solicitor fees or moving expenses.
You can find mediators through organisations like the Civil Mediation Council.
If they are still unwilling to budge, you can apply for a court order to have the shed removed. A judge can even order your neighbour to cover the costs of sorting this mess out.
If you receive threats of any kind in relation to this issue, do not ignore them. Keep a record and report them to the police – they take harassment and intimidation seriously.
Taking down the cladding and fence panel might complicate things. Avoid taking further action until you have taken legal advice – it is best to stay within the law while you sort this out.
In short, it would not help your case to take a chainsaw to the offending shed. If in doubt, a good property lawyer can pay dividends.
They can help you navigate the legal process and get the matter sorted so you can sell your home without further aggravation.
