Land dispute!! Cheeky offer?!

There isn’t a boundary dispute, the boundary is clear hence NDN wanting to buy. She hasn’t been there long enough to claim it.

You need to find a surveyor who can deal with boundary disputes and land valuations. If you want the land back they can help measure your garden based on land registry plans and mark where the boundary should be. If you’d like to sell the land to your neighbour they can help you agree a fair price based on the uplift to your neighbours property value from the additional land.

You certainly need legal advice.

That is the only thing you should do before your next step, which is to clear away the scrub and put up a new fence on the boundary to enclose your property.

Which you should do at the earliest possible opportunity, subject, of course, to the legal advice. Monday is not too soon.

They were fortunate to have the use of your property for the time they lived there, but now this has come to light, I'd be keeping the land! Your neighbour won't sell for as much as they were hoping, but that's life, and the cheekily low offer (and threat of taking you to court over it) would only make it easier for me to shrug and enjoy my newly discovered plot of land all the more!

No way would I sell even if you’re able to. That triangle makes your plot a much better shape.

Don’t involve yourself in any costs. You don’t have to rush to do anything right now, but I’d be pushing DH to reclaim the land back from all the brambles.

If you have never known you own this land, why are you so keen to keep it?

My own suggestion would be to guestimate how much the land will add to the value of your neighbour's property, and then ask for 50% of this. It's a starting point for a negotiation.

If you play hardball and go in with a super high price or even refuse to sell at all, there is a good chance a court will award your neighbours with the land due to adverse possession, and you will get nothing. Adverse possession is not that hard to prove if fences have been in the wrong place and nobody has complained for over a decade, especially if the previous owners are still alive and are happy to confirm their ignorance.

I disagree with PPs saying your solicitor should have noticed - unless they visited the property they would rely on you agreeing that the boundary lines appeared to be correct and in line with what you have seen. And as you say - if it's overgrown and you didn't look in that much detail, it's quite easy to see how you may never have noticed that the plan and the actual garden were slightly different.

But now you know you definitely need to decide whether you want to sell it - and get a proper valuation which will be far in excess of £200 - or reclaim it and benefit from a bigger garden yourself and the added value to your property.

I don't think they can claim adverse possession unless they themselves have used it for 10 years - they can't include use by previous owners I'm sure. And if you counter claim I think they would fail - see this:

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

But definitely get a valuation asap and then legal advice if needs be. And don't sell to the CFs for £200! I get it was a misunderstanding on both sides - but now you both know the real situation it doesn't mean you have to just hand it over.

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

You're right, you will, but as you say the cost will be more than covered once you sell

This happened to my late, exPILs; they actually put a wall up to reclaim their own land and the builder next door got a bunch of mates to knock it down again at dead of night. That one finished up in court and with the costs he probably spent more than if he'd just bought the land in the first place

Quite. I wouldn’t entertain this for a minute. The only thing you need to do is make moves to take the land back.

Just remembered if you contact their estate agent informing them that the land is yours they're obligated to inform the buyer of this. I'd put it in writing.

the other side of me is thinking why should our neighbour profit from land that is not legally theirs.

Listen to this side!

The fact that they had basically threatened/tried to bully me into giving them the land would make me keep it.

I'd ask why they are talking about including land that is not theirs in the sale of the house. They know it's not theirs or they wouldn't be offering to buy it.

I’d just take it back

Control over woodland and light is very important. My poor neighbour the people behind have trees that have grown so much they cut out all sunlight at the back, her kitchen and bedroom at the back are in semi darkness and little can grow in their shade

if they build a house on that piece of land - would you lose light?

Your DH’s position is entirely moot OP - he may want to sell but he may not be able to due to mortgage. NDN wants to buy @ £200 she may not want to buy at the true value.

It’s up to her to get a surveyor as the purchaser. Her loss of buyer is her problem - she should have got this sorted out before sale.

Move the fence back to the correct position.
Send a letter recorded delivery - Dear Neighbour ,

thank you for confirming that the fence between our properties is incorrectly positioned and does not reflect the true boundary . Thank you for your offer to purchase the land for £200 which we do not accept . Should you wish to increase your offer In writing we will consider it.

Agree with ZenNudist. The only thing that really matters is who is the actual owner legally. If it is you, of course you must get a good price for it IF you want to sell it. The fact you did not know it was yours is irrelevant provided it is still yours and neighbour has not acquired it through adverse possession. You can get it professionally valued if it is yours and you want to sell it. But I'd be wary, particularly if it could be built on - either sheds etc or sold on as part of a building plot.

it's 1526 per sq m - you can't devalue a mortgaged property. You're not selling a door.

mortgage company don't let you sell off the garden

• they aren't outright owners

‘Selling part of a property can be more complex than selling the whole thing.
If you have a mortgage it will be secured on the whole of your property and you will need your lender to agree to release and discharge the land to be sold from that mortgage.’

The latest valuation for garden land is approx £1526 per SqM.

If your mortgage company permits a sale of part of your garden, then its value is far greater than a measly £200

By offering to buy the land, she's fucked over any claim she may have had to adverse possession, because she's acknowledged that she doesn't own it.

DH is a surveyor and he said you would be better keeping it yourselves however ask for at least £200-£300 a square meter if you decide to sell.

don;t sell