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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:
Thread gallery
5
RunningShoe · 07/01/2024 18:55

Why does everyone keep saying the solicitors should have noticed? You do understand that solicitors don’t inspect the property? The solicitor sends their client the title plans, it’s for the client to flag if the boundaries look wrong

schloss · 07/01/2024 18:20

OP if you want to spend money, do not spend it on a surveyor. Spend it on a solicitor to write a letter which say "thank you for the offer, my clients decline your offer and do not wish to sell. In NN days they will be reinstating a fence on the correct boundary, therefore if you have any plants or fixtures you have in the area please move them.

Secondly spend the money on a professional fencing company to reinstate the boundar. You need not do anymore. The more you engage the more this will become a problem.

CantFindMyMarbles · 07/01/2024 18:20

Get yourself a blanket and have a picnic there! I’d ask to see the value difference with the land vs without the land. I’d then expect that as payment.

ClumsyNinja · 07/01/2024 15:24

Westernesse · 07/01/2024 08:40

How could it possibly be worth that? It’s a sliver of garden. There is absolutely no possibility of it being developed.

there is some wild greed on this site.

£200 a fair price?? 😂 Add at least an extra 0 on there and times by 5.

You clearly have no experience in this area do you? Either that or your the greedy neighbour. 🤔

We paid 20k to our neighbours around 10yrs ago to remove their right of way over our drive (they had another access point to their field). Land is the most expensive bit of a house purchase, not the bricks and mortar building.

NoTouch · 07/01/2024 15:18

I think we will need to bite the bullet and pay for a survey

I wouldn't be paying for a survey until you speak to your mortgage company (for free) to find out what is involved in selling and you are very keen to sell.

I would also investigate getting the neighbour to pay upfront for your survey to determine the value as they are ones who want to buy it. There is no point spending £500 on survey if they are not interested if it comes back as £5k-£10k or even more. Them paying for the survey shows their commitment. You could perhaps say you will refund half the survey costs if they go ahead with the purchase.

porridgeisbae · 07/01/2024 14:58

If you can put in a fence I'd do it straight away. You can prove it's your bit. If anyone's used it differently, previous owners etc, it's presumably because they didn't know, it was somehow sneakily done.

BlueMongoose · 07/01/2024 14:40

Psychonabike · 07/01/2024 13:36

I bought a house where 1/4 of the garden was technically owned by a neighbour but in practicality was fenced off and used as though it belonged to the property I was buying.

The neighbour who owned it had bought land to build a house and then not included a section when it came to the practicalities of putting up their fencing.

There was a time limit on it. When I bought it there was 5 years left for the original owner to stake their claim. It expired in my ownership and I later sold the property with the land now unequivocally included.

It was all very amicable (I'd asked the neighbours before I bought if they were interested in the land, they were not) and uneventful with no cash changing hands.

Personally I think some people suggesting larger sums of money here might be unrealistic. You aren't being asked to sell land in use that is currently incorporated into your physical boundary. You're being asked to sign away a legal technicality to make it easier for your neighbour to sell their property (presumably before your right to claim it expires) and you've been offered a goodwill gesture. My guess is that if you say no, you'll not only risk their sale but you'll also have the responsibility to correct and make good all the boundaries asap.

You've been offered a gesture of goodwill for something you weren't aware of or were using. Is there good reason to make everyone's life harder?

A gesture of goodwill? Offering a tiny fraction of the value of the land (if the experience of myself and others is anything to go by). Not what I'd call goodwill. More what I'd call CF-ery
If they want to sell, it's easy. They put in a fence where the actual boundary is, and sell only the land they actually own. Sorted.
Nah, this is the neighbour trying to take advantage - big time.

prh47bridge · 07/01/2024 14:36

jiggyjiggyjig · 07/01/2024 13:29

The law changes surrounding adverse possession make it very very hard now. This case wouldn't even make it to the case little as the OP says no one has lived there very long.

Can I refer you to my previous post. Since we are dealing with adjoining plots of land, if the neighbours and previous owners of the neighbouring property have been in possession of the land for 10 years and reasonably believed the land was theirs, they may have a claim for adverse possession.

BlueMongoose · 07/01/2024 14:36

You need a solicitor to tell you how to enforce your rights, and a land valuer to tell you what it's worth. This is one for the professionals.

BargainOffer · 07/01/2024 14:32

A friend of mine sold a piece of her already small city garden to a neighbour. I don't know how much she got for it but she very much regretted selling as he built a garage on it which blocked her outlook.

Don't sell unless you really have to.

Catsfrontbum · 07/01/2024 14:30

Just for reference- We had a 2m x 9m strip of land that we sold to our neighbours as it would give them rear access. We sold it for £4k 2020. The value that it adds to their house is far more than £4k.

DeeLusional · 07/01/2024 14:12

IVbumble · 07/01/2024 13:06

I agree @DeeLusional - I meant that they might be making it up to make OP feel guilty.

And guilt is definitely something women excel at.

belgiumchocolates · 07/01/2024 14:11

Whether OP knew about the land before or not is not a reason to give it away.

I wonder if neighbour has taken legal advice about adverse possesion or has looked it up and is spouting rubbish hoping that OP will just agree.

To the previous poster who claimed their neighbours land and profited from selling it you must be so proud of yourself.

wronginalltherightways · 07/01/2024 13:40

It's not the neighbour's land. It's yours.

I'd make it clear you won't be giving it away, and you may not be open to selling it at all, and certainly not for the cost of solicitor fees.

YANBU

DsTTy · 07/01/2024 13:37

.

Psychonabike · 07/01/2024 13:36

I bought a house where 1/4 of the garden was technically owned by a neighbour but in practicality was fenced off and used as though it belonged to the property I was buying.

The neighbour who owned it had bought land to build a house and then not included a section when it came to the practicalities of putting up their fencing.

There was a time limit on it. When I bought it there was 5 years left for the original owner to stake their claim. It expired in my ownership and I later sold the property with the land now unequivocally included.

It was all very amicable (I'd asked the neighbours before I bought if they were interested in the land, they were not) and uneventful with no cash changing hands.

Personally I think some people suggesting larger sums of money here might be unrealistic. You aren't being asked to sell land in use that is currently incorporated into your physical boundary. You're being asked to sign away a legal technicality to make it easier for your neighbour to sell their property (presumably before your right to claim it expires) and you've been offered a goodwill gesture. My guess is that if you say no, you'll not only risk their sale but you'll also have the responsibility to correct and make good all the boundaries asap.

You've been offered a gesture of goodwill for something you weren't aware of or were using. Is there good reason to make everyone's life harder?

dawngreen · 07/01/2024 13:35

They are hoping on selling their house for a higher price, thinking they can offer you £200 quid for stealing your land.

Anjea · 07/01/2024 13:30

I'll buy it for £250

jiggyjiggyjig · 07/01/2024 13:29

prh47bridge · 07/01/2024 11:47

@Saltysausage - I'm not saying a claim would succeed. However, the fact that the physical boundary was in the wrong place suggests that, like OP, they may never have checked the physical boundary against the plan. Whenever a neighbour is claiming adverse possession, it is always the case that the plan shows the correct boundary.

@Tryingtokeepgoing - The fact they now know the land isn't theirs doesn't torpedo an adverse possession claim. Clearly, the party claiming adverse possession must have become aware that they don't own the land prior to making a claim. The claim will have been triggered by discovering the problem. The question is whether, up to this point, they reasonably believed it was their land. The fact they have offered to buy may weaken their position, but I'm not convinced it is fatal if they try to claim adverse possession.

However, I agree with @PropertyManager that, even if an adverse possession claim would succeed, it is unlikely the buyer would wait around for that to be resolved. OP is in a strong position even if the neighbours do have a claim.

The law changes surrounding adverse possession make it very very hard now. This case wouldn't even make it to the case little as the OP says no one has lived there very long.

TerrysNeapolitan · 07/01/2024 13:28

We purchased a patch of land attached to our garden - it has god knows how many restrictions on it (you can do nothing with it but use it as a garden) it was £20K. They are pulling a fast one OP. Seek immediate legal advice.

Lordofmyflies · 07/01/2024 13:25

£200 is taking the mick. We bought an acre of land next to our existing garden which was grazing pasture 3 yrs ago. The seller wanted £20,000 for it.
I had some estate agents come out and value our property as it was and then re-value with the attached 1 acre land. The value of our property increased by £100-200K dependant on how landscaped it was so we purchased the land for £20K. Can you do similar?

Fifteenth · 07/01/2024 13:20

No idea if she understands the value or not.

Not CF because you can simply reject it.

Talk to your solicitor or estate agent about whether to simply reject or to make a counter offer.

Hakunatomato · 07/01/2024 13:16

£200? They are taking the piss.Erect a fence to mark your boundary.

SisterMichaelsHabit · 07/01/2024 13:07

I hear lots of posts about taking back the land at the earliest convenience but we are also trying to manage neighbourly relations and makes it a bit more difficult that we are a semi. I need to think on this one.
Really I wouldn't worry too much about this, make sure you do the right thing for yourselves, these people are selling their house due to a breakup, you likely won't even know them in 12 months' time.

If they start being dicks they'll have to disclose an ongoing neighbour dispute as well when they sell the house (and if they do get snippy, you can use that as leverage to get them to behave themselves as what they want most in the world right now is to sell their house for enough money to buy something new for each of them).

I really think you should move the fence if you can, so there's no confusion or ambiguity for prospective buyers as they're the people you want to get on with in the future.

Additionally, given that they have been using your land for free for all this time there's the possibility (if you want to be exceptionally awkward and pedantic) that they could owe you X years of rent on the land of yours that they have been using. I'm not suggesting you actually charge them this but it's another argument to keep in your bag of tools to get this resolved fairly if they start coming out with rubbish about adverse possession again.

IVbumble · 07/01/2024 13:06

DeeLusional · 07/01/2024 12:56

Whether the buyers pull out or not isn't OP's problem.

I agree @DeeLusional - I meant that they might be making it up to make OP feel guilty.