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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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Saltysausage · 06/01/2024 21:47

Having seen the plan I would get a gardener in to cut back the brambles, see if the original fence is still there.
I also would not consider selling as it will devalue your home.

belgiumchocolates · 06/01/2024 21:46

This is shocking from neighbour.

What is marking the boundary at the moment OP ? the yellow line and the true boundary . Are there any fences up. I'd be putting my own fence up asap on the correct boundary with my land fully enclosed inside it .

I'm pleased for you that it has come to light. At least now you can now act on that information

Angrymum22 · 06/01/2024 21:38

Regardless of whether your neighbour was using the land, you are the owner of the land according to land registry. I think once you involve solicitor then she will back off. She may loose the sale but that’s her own fault. It’s obviously been identified by her buyer and she hasn’t been able to provide any legal documentation supporting transfer of ownership.

Having sold a couple of properties recently, due diligence was very intense. Fortunately we had all the deed variations going back 100 years which answered all the queries. We did have to sign an affidavit re one of the properties access roads. It was an unadopted road and we had to confirm that access had been continuous since we had owned the property. I think solicitors are far more on the case than they used to be. As someone pointed out, it’s up to you to confirm the land registry map, the new buyer is just more experienced than you.

Our current home had rear gated access in the plans which meant we would be responsible (partly) for the maintenance of the access road. Once built there was no access, I spotted it on the plans we had to sign off and our solicitor had it amended.

£200 is an absolute joke. It’s worth at least 20k.

NalafromtheLionKing · 06/01/2024 21:34

@snackprovidersupreme’s suggestion sounds good but maybe also blame the bank for insisting you fence off your garden to clearly mark it now that issue has come to light.

DragonMama3 · 06/01/2024 21:34

BewareTheBeardedDragon · 06/01/2024 21:32

Tbh, if she had an adverse possession case she should have just gone to land registry with it. The fact that she's trying to buy it off you instead suggests she had no case. IANAL but I agree with advice from others to re-fence to the proper boundary because that might well put paid to an adverse possession since it would no longer be continuous exclusive use for her/her property.

Rules are much harder now

eatsleepfarmrepeat · 06/01/2024 21:33

I’m a land agent, you obviously shouldn’t be transferring to her for £200, the legals will cost 5 times that alone, she’s a CF.

It doesn’t sound as though she has grounds to claim adverse possession, how long has she lived there? You need to reinstate the boundary and access the land as a first step, I would put that in writing to her and the agents selling her house.

Ignore people on this thread quoting agricultural land prices - they are not comparable here as the marriage value for the property owner makes this significantly more valuable.

Im based for a rural firm in east mids, drop me a DM if you think I can help.

DragonMama3 · 06/01/2024 21:33

as pp state the mortgage co refused!

TheFrendo · 06/01/2024 21:33

£50k ?

How much is she trying to sell the house for?

BewareTheBeardedDragon · 06/01/2024 21:32

Tbh, if she had an adverse possession case she should have just gone to land registry with it. The fact that she's trying to buy it off you instead suggests she had no case. IANAL but I agree with advice from others to re-fence to the proper boundary because that might well put paid to an adverse possession since it would no longer be continuous exclusive use for her/her property.

NalafromtheLionKing · 06/01/2024 21:32

Agree you should take it back and put up a boundary fence.

snackprovidersupreme · 06/01/2024 21:32

MuchTooTired · 06/01/2024 21:28

If you have a mortgage, would you even be allowed to sell it without their permission?

Lawyer here.

This is the biggest question. If you have a mortgage then you can't just transfer part of the land without bank consent and they are unlikely to be happy without knowing you are getting appropriate value etc. It's possibly the easiest way to say no or ask for proper money without upsetting your neighbours , which is handy!

The law on adverse possession has now changed so it is very very difficult to claim in relation to registered land. Given you bought recently, your title will be registered, it is unlikely that your neighbour has a decent shot at claiming.

DragonMama3 · 06/01/2024 21:32

ThickButteredToast · 06/01/2024 20:58

Generally EA won’t value land but there are online tools to do so.

a land agent does - really pls dont sell.

elessar · 06/01/2024 21:31

Take the land back and fence it!

Absolutely do not sell it to her for silly money.

Atethehalloweenchocs · 06/01/2024 21:31

Tell her to do one and go to a solicitor asap.

Salesarefullofcutpricesprouts · 06/01/2024 21:30

Never sell anything that could line your own pocket first!!

catsanddogsandrabbits · 06/01/2024 21:29

I can see why she wants it. Without it her garden disappears into an unusable point. With it she can put a shed or a garden office there.
The land also makes a big difference to your garden. If it were me I'd take the land back - see a solicitor.

MuchTooTired · 06/01/2024 21:28

If you have a mortgage, would you even be allowed to sell it without their permission?

DragonMama3 · 06/01/2024 21:27

A sq m of land is valued at 1526 GBP. PMSL at offering a tenner. I genuinely advise against selling your garden xx

BewareTheBeardedDragon · 06/01/2024 21:27

Yes - when I've bought my solicitor has asked me to confirm that boundary on ground matches the plan because they've never been there (and were from a totally different part of the UK). You def need proper advice regarding whether she might have an adverse possession case.

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?

Tenegrief · 06/01/2024 21:24

Get the land valued properly and ask her for the figure it is valued at.

Don't accept £200 - she's massively chancing! And I'm pretty sure she doesn't have a leg to stand on.

DragonMama3 · 06/01/2024 21:23

Saltysausage · 06/01/2024 20:48

Would an estate agent do a land valuation, if not I’m sure they could recommend someone.

I would want to know the proper value before signing it away.

What does the land registry show, how did you not realise before now that it’s yours?

No, land agent would. If OP in NW I know a v good one x

DragonMama3 · 06/01/2024 21:22

Pretty views sell houses - u sell it and they could build on it and overlook u

ZenNudist · 06/01/2024 21:21

Jesus just seen the diagram. Get a surveyor in and take back the land. That's horrendous. Definitely get legal advice.