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Original poster

Land dispute!! Cheeky offer?!

307 replies

NewHere77 · 06/01/2024 20:41

It has recently come to light due to neighbours pending house sale, that our neighbour has around 20 square metres of land at the top of her garden that legally belongs to our boundary. She has asked us to sign over the land to her for £200.

AIBU to think she is being a CF offering £200 for the land, as I think it likely adds a lot of value to neighbours house? (She initially wanted us to sign over land for free)!

The land adds about a third to neighbours garden and has a pretty view which isn’t overlooked.

Neighbour is playing down desirability of land but has also said that buyers will pull out if land is not included and has said she is willing to go to court to claim land.

If we disagree, she is threatening to use adverse possession claim but neither parties have been in either property long enough to claim adverse possession, although neighbour is talking about getting accounts from relatives of now deceased previous occupants of our house.

Part of me feels bad that we bought the house not knowing the extra land was ours so feels a bit rich asking for more money for it, the other side of me is thinking why should our neighbour profit from land that is not legally theirs. Interested to hear others perspectives and what land could be worth.

Thanks!

OP posts:
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DragonMama3 · 06/01/2024 22:23

RatatouillePie · 06/01/2024 22:17

You need to start by putting in writing that you are aware of the incorrect positioning of the fence (?) and that they have been using your land as part of their garden, but as they are now selling you would either like the boundary to be moved back to the correct position or if they wish to purchase the land so it can be included as garden in the sale of their property, you will get a surveyor to value it.

If they then decline to buy it at the valued price then you (they?? Whose fence is it?) will move the boundary fence back to the correct position as per your deeds (enclose a copy for them).

£200 ?!?! Cheeky f*ckers!!!

seek a qualified solicitor advice - really don't advise any letter unless done by a solicitor

dawngreen · 06/01/2024 22:23

It will knock money off your house price too. I would keep it, and get a solicitor to do the paper work.

TheSquareMile · 06/01/2024 22:19

I would advise you to speak to a solicitor about this.

I think that the Law Society would count it as coming under the Housing, Property and Neighbours heading in the legal issues menu on the Find A Solicitor database.

https://solicitors.lawsociety.org.uk/

Find a Solicitor - The Law Society

Find A Solicitor is a free service from The Law Society for anyone looking for legal services in England and Wales that are regulated by the SRA

https://solicitors.lawsociety.org.uk

pikkumyy77 · 06/01/2024 22:17

Good god don’t sell. They aren’t making more land. Give your husband 200 pounds and tell him to shut up. What an idiot.

RatatouillePie · 06/01/2024 22:17

You need to start by putting in writing that you are aware of the incorrect positioning of the fence (?) and that they have been using your land as part of their garden, but as they are now selling you would either like the boundary to be moved back to the correct position or if they wish to purchase the land so it can be included as garden in the sale of their property, you will get a surveyor to value it.

If they then decline to buy it at the valued price then you (they?? Whose fence is it?) will move the boundary fence back to the correct position as per your deeds (enclose a copy for them).

£200 ?!?! Cheeky f*ckers!!!

Original poster
NewHere77 · 06/01/2024 22:16

My partner wants to sell and I’d love to keep. The view backs onto Woodlands and would have more control over sunlight from overhanging trees etc and it is just a lovely view.

We are in east mids so may get in touch with pp about survey once I’ve had chance to speak to my partner. It’s a hilly garden going up at the back.

OP posts:
Flowersbutpain · 06/01/2024 22:12

NewHere77 · 06/01/2024 22:00

Thanks for all of your posts. From my reading I was thinking between 5-10K and your posts have suggested similar if not more. I think we will need to bite the bullet and pay for a survey. We got some quotes for £500 for survey but sounds like it could be worth it in the long run.

i’m having trouble replying to posts but thanks for everyone. Really good to hear professional advice too.

Will keep you updated!!

NB. Your neighbour should pay for the survey as they are the ones who want to buy the land from you. It is quite usual,practice for the potential,purchaser to pay the vendors fees in cases like this so you shouldn’t be out of pocket. Remember you are in the driving seat here so they need to make it worth your while to sell.

mottytotty · 06/01/2024 22:11

NewHere77 · 06/01/2024 22:00

Thanks for all of your posts. From my reading I was thinking between 5-10K and your posts have suggested similar if not more. I think we will need to bite the bullet and pay for a survey. We got some quotes for £500 for survey but sounds like it could be worth it in the long run.

i’m having trouble replying to posts but thanks for everyone. Really good to hear professional advice too.

Will keep you updated!!

Where abouts are you OP? And is the land flat or hilly? I’m possibly influenced by London prices but no one I know would give up that big chunk of land for £5-10k.

ttcat37 · 06/01/2024 22:11

NewHere77 · 06/01/2024 22:00

Thanks for all of your posts. From my reading I was thinking between 5-10K and your posts have suggested similar if not more. I think we will need to bite the bullet and pay for a survey. We got some quotes for £500 for survey but sounds like it could be worth it in the long run.

i’m having trouble replying to posts but thanks for everyone. Really good to hear professional advice too.

Will keep you updated!!

Don’t you pay for a survey. It should be either the solicitor who fucked up paying for it, or the neighbour wanting to buy it. You choose who to survey it and they pay to get it done. The land is yours- if they refuse to pay then you just start using the land again.

Dahliasrule · 06/01/2024 22:10

Agree with others it is worth a lot more. Also how can neighbour clai adverse possession of it is covered in brambles and nettles? Were they using it for blackberry wine and nettle soup?

DuckBee · 06/01/2024 22:10

Firstly check your house insurance for legal cover :-)

juicyfruitmtume · 06/01/2024 22:10

£200 is ridiculous. I spend that taking the family out for a meal!!!!!

They are taking advantage and trying to scaremonger you.

Tell them you are going to take legal advice regarding the fact they have been using your land without permission! Tell them not to use the land and ask if they want to rent it off you in the meantime. That may make them think!

Jamesclaton007 · 06/01/2024 22:08

id settle for 5k

Honeyroar · 06/01/2024 22:08

I think my Mil paid £5k for a similar sized plot to extend her garden twenty years ago. £200 is a laughable offer. If it’s got a lovely view I’d keep it.

Jl2014 · 06/01/2024 22:06

200 is taking the piss. Get legal advice asap. I wouldnt just let her have it after being threatened with adverse possession rights. That would have irked me enough to put up a fight. There’s ways of asking and that’s not the way.

Hankunamatata · 06/01/2024 22:04

No I'd keep it and move the boundary into the correct place. Make your garden a nicer shape and possibility to have a summer house or something down there

Spomsored · 06/01/2024 22:01

Your solicitor should have spotted this when you purchased but I assume you were sent a copy of the title deeds and didn't look at the boundaries? Do you have any idea how long this area of land has been used as part of the neighbours' garden, if they are threatening to claim Adverse Possession? Whatever you decide is a good price to accept make sure your legal costs are covered.

eurochick · 06/01/2024 22:00

@snackprovidersupreme knows what she is talking about here. Your neighbour is on a hiding to nothing.

Original poster
NewHere77 · 06/01/2024 22:00

Thanks for all of your posts. From my reading I was thinking between 5-10K and your posts have suggested similar if not more. I think we will need to bite the bullet and pay for a survey. We got some quotes for £500 for survey but sounds like it could be worth it in the long run.

i’m having trouble replying to posts but thanks for everyone. Really good to hear professional advice too.

Will keep you updated!!

OP posts:
Original poster
NewHere77 · 06/01/2024 21:56

In the stress of all of this your post made me laugh 🤣 thank you! I’ll get the paper tomorrow 😆

OP posts:
Rollercoaster1920 · 06/01/2024 21:55

You cannot sell off some of your land without the approval of your mortgage provider (who will have a charge on the register for your property saying this). if your Loan to Value is high then there is very little likelihood of the mortgage company agreeing.

So say that to the neighbour, but be firm that you are not entertaining the idea.

MumblesParty · 06/01/2024 21:54

Minewasthesame · 06/01/2024 21:01

Now it’s disputed the value has risen exponentially but its intrinsic value is probably very low. How big is it? Would it add value to your home? What do your deeds say? As neighbour is moving I would ask for a nice sum that they can’t say no to, a few thousand as a windfall and they won’t jeopardise their sale over it.

@Minewasthesame OP says “It has recently come to light due to neighbours pending house sale, that our neighbour has around 20 square metres of land at the top of her garden that legally belongs to our boundary”.

Mikimoto · 06/01/2024 21:54

Agree with other PPs: either reclaim it or pay for
an expert opinion (which would then stand up in court
should push come to shove).
200 quid is plain embarrassing.

forcedfun · 06/01/2024 21:52

Tryingtokeepgoing · 06/01/2024 21:24

To those saying that the solicitor should have noticed / brought it to the buyers attention, isn’t that exactly what they do when they show/send you the plans with the draft contract and ask you to approve them? The solicitor never goes near the property so it’s only the buyer, or possibly a surveyor if you engage one on that basis, who can confirm that what’s on the ground matches the plan isn’t it?

Agreed. Onus was on the buyer /their surveyor to check

PickledPegs · 06/01/2024 21:48

Tell her you’ll split the cost of an independent surveyor to value the land and then she can choose whether to offer that. She can ask her buyers to pay some or all of it if it’s essential to them to own the land, as she suggests.