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Neighbour dispute (England)

(30 Posts)
purplemurple1 Mon 15-Dec-14 07:40:31

I have a brick she that is attached to my house, the only access is through my garden along a path that is shared by 3 houses. I come through from the right and am the middle house. My new neighbours to the left are claiming they own half of my shed, and have filled it with their bleongings and placed 2 padlocks on it. (The neighbours to the right are agreeing with them that we all own part of the shed in my garden.) As far as I can tell from the deeds the shared path has no rights of use and is just a freindly neighourly arrngements for getting bins out each week.

How do I prove they don't have ownerships or rights to access it and get their items removed? (The house is in Birmingham.)

thanks

LineRunner Mon 15-Dec-14 07:44:14

On the deeds, do you own the shed?

purplemurple1 Mon 15-Dec-14 07:51:01

I have acopy of th eland reistry and it has my boundary highlighted with the shed contained within the boundary. I also spoke to the land regisrty and they said there is no recrd that the register that either the shed or the access is shared.

I can see that the neighbours use to have a shed on their side of the boundary though, and I think this has been knocked down during renovations about 10yrs ago, so that may be th esource of the confusion.

MinceSpy Mon 15-Dec-14 07:53:18

Show them a copy of the deeds but you may need legal advice.

purplemurple1 Mon 15-Dec-14 07:58:06

I've tried getting legal advice but can't find a solicitier willing to even send a letter as it is such a small issue. I've also shown them my deeds.

I'll try and get a copy of their deeds and see if that highlights any problems, could it be posible our boundaries don't match.

NewEraNewMindset Mon 15-Dec-14 08:03:43

Get rid of the shed and the problem is solved.

nameuschangeus Mon 15-Dec-14 08:05:54

I would go to the CAB they may be willing to write a letter to your neighbours. It might be enough to put the wind up them. In the meantime I think I might be inclined to remove all their stuff from your shed and padlock it.

sparklecrates Mon 15-Dec-14 08:06:32

Wow. how annoying. You could try a trick. Show them deeds and say you are happy to start talking about renting and suggest say £5 a year for access and £5 for use. Once they enter into negotiations they have acknowledged your ownership. Of course you could bill them for more and say that use is acknowleding acceptance of the rent but it is also sort of theft by restricting access too and defo worth pursuing.

purplemurple1 Mon 15-Dec-14 08:06:41

It brick, has an electric connection and is waterproof I want it to put my mower and garden tools in it, which is how this whole conversation started.

NewEraNewMindset Mon 15-Dec-14 08:08:19

I think by allowing them to use it you are running the risk of then being able to lay claim to it. Do you even have access to it as you said your neighbour has put a padlock on it?

FannyFanakapan Mon 15-Dec-14 08:09:42

If the shed is attached to your property and you have deeds showing the shed to be wholly within your boundary, with no rights of access, I would recommend that you inform them that until such time as they can prove their claim to half the shed through legal means, you will assume they have tresspassed your land and dumped their goods and you will dispose of them. Give them 7 days notice to remove.

Attach a copy of the land registry deeds.

Let them take on the cost of proof, not you. Get a bolt cutter to snap the padlocks off and dump their stuff back in their garden.

VivaLeBeaver Mon 15-Dec-14 08:10:18

You need a solicitor. Long term.

Short term I'd be getting a bolt cutter and cutting the padlocks off and removing their belongings. And I'd keep doing that every time they put something in.

sparklecrates Mon 15-Dec-14 08:11:43

is the electric on your bill? jeez these fucks are annoying. have the other neighbours agreed for sure or are annoying neihbs just saying they are?

DoesntLeftoverTurkeySoupDragOn Mon 15-Dec-14 08:22:34

If the shed is "shared" I would insist in key for the padlocks put on by the neighbours. Then I would remove the locks and put a proper lock on the door and not give them a key.

I would put a call out in the legal section of MN asking for someone to help you properly word a letter to your neighbours telling them to stop trespassing on your property.

Trufflethewuffle Mon 15-Dec-14 08:22:49

What about the solicitor who dealt with your purchase? Was the shed issue raised then?

DoesntLeftoverTurkeySoupDragOn Mon 15-Dec-14 08:25:04

the shared path has no rights of use and is just a freindly neighourly arrngements for getting bins out each week.

I would be tempted to block access on all but bin day if there is genuinely no right of access. When I lived in a terrace, the right of way through neighbouring gardens was clearly marked on the deeds.

PoinsettiaGordino Mon 15-Dec-14 08:25:54

I used to live somewhere where there was a long shed running along the back of everyone's gardens, with each neighbour having their own door but it was open all the way through iyswim. It relied on everyone being courteous and keeping within their bounds

Do you think that might have been the case previously and they are now confused now that their shed has gone?

Either way I would not allow them to make any more use and would fill it with my stuff asap

DoesntLeftoverTurkeySoupDragOn Mon 15-Dec-14 08:28:35

I can see that the neighbours use to have a shed on their side of the boundary though, and I think this has been knocked down during renovations about 10yrs ago, so that may be th esource of the confusion.

Was this an identical shed to yours? ie in the same place and attached to the house. Surely this proves yours isn't shared.

purplemurple1 Mon 15-Dec-14 08:33:47

They are both annoying neighbours on the otherside and my tennants are very young so I think its a bit of neighbour bullying from both sides tbh.

OK I think I'll get a letter sent to them giving them notice to remove their items and then decide how to move them myself. Might have to talk nicely to my BIL as he is up that way over christmas.

VivaLeBeaver Mon 15-Dec-14 08:34:19

And I'd block access 24/7 including on bin day.

If they can't get their bins out then that's their problem.

Though depending how long they've been using your garden for you may find they actually do now have a legal right to carry on using it.

LIZS Mon 15-Dec-14 08:37:25

So you don't live there, who does and is relaying this to you ? Sounds like they are trying it on . Their land registry document may be out of date and still show the shed on their land. One of ours still shows the plot pre the house being built with two outbuildings!

gordonpym Mon 15-Dec-14 08:39:33

As DoesntLeftoverTurkeySoupDragOn said, try posting in Legal matters on MN, here is the link, it is a little bit hidden if you don't know where to look. www.mumsnet.com/Talk/legal_matters.

purplemurple1 Mon 15-Dec-14 08:39:54

The tennant has said she will padlock the gate from her (our) side as the neighbours won' give us a key to the supposidly 'shared' shed and this will prevent them any access.

The sheds mirriored each other as far as I know, (i brought 8 yrs ago), with a shared wall in the centre but our own doors in our own gardens. The deeds don't make clear of the shed is shown on both houses or niether as it the end of the kitchen/bathroom extension and the scale is so small I can't make out how long it is on the plan, if that makes sense. It was never raised when I brought the house.
There is no right of way moarked on the deeds but the land regisrty have advised that sometimes it isn't marked on the plan, as far as I can make out it isn't detailed in the property reister wither though.

OK I'm off over to legal for some help with the letter!

thanks

LIZS Mon 15-Dec-14 08:43:10

Our deeds mention a right of access for next door (end of a terrace) along our path although not shown on the plans. If it has been used as such for a specific number of years you have to continue to honour it.

DoesntLeftoverTurkeySoupDragOn Mon 15-Dec-14 08:50:13

Can you look at the historical imagery on Google Earth? Sometimes its unclear but if there is an image there for when the neighbours shed was still standing, this might help prove the shed is yours alone.

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