To not swap land with my neighbour?

[TreeTrials]

Our neighbours are wanting to renovate their garage to incorporate it into their house. It sits alongside our garden boundary wall which is at an angle. Than angle makes it hard for them to do the changes they want because the room would be very narrow at the bottom.

They have previously talked to us about swapping land so they have a more regular shaped room. We expressed reluctance as we don't need the land they were offering and we have some mature bushes/trees growing out of the wall (it's a wide very old stone one). These trees and bushes provide privacy screening so that we don't see their house. If they are cut down, or die due to disturbed roots, we'll be staring at the side of their house rather than greenery. That was the end of the conversation.

They have now sent through technical drawings for their proposal and the proposed wall for the renovated garage appears be to on our land. It feels a bit cheeky given how we'd left things.

Should we let them proceed? The land is the corner of our garden and isn't used for anything useful - it's very dark and full of garden junk. I feel for them that the shape of the land makes their plans pretty hard to achieve with the boundary plan as it is.

My main concern is loss of privacy from the loss of the trees. But then I'm wondering what the situation would be if they change their plans to follow the boundary - they may still end up killing the trees as I imagine the roots will be disturbed whatever work they do. If this is going to be the case (not that I want them to kill our trees!) should we just suck it up?

I don't know for certain, but am reasonably sure the wall is ours as our house was built a long time before theirs. I've attached a very bad drawing.

YABU - it's only a small amount of land and makes their plans possible. Suck it up.

YANBU - you don't have to give away your land and lose your trees to make your neighbours' life better.

Nope - unless they are willing to buy the land, get the boundary lines moved on the deeds, draw up a legal contract and update the Land Registry etc - all legal stuff through your solicitor and their solicitor and all fees paid by them. You will need to make this official or you will have endless problems if you ever sell in the future.

I would say no unless they agree to pay the cost of restoring the wall, replace the trees with similar size mature trees, make good any damage and pay the commercial value of the land or swap an equal amount of land, whichever you prefer, plus the legal costs of changing the land registry/deeds etc.

No way. They seem to be getting all the benefits, while you're getting all the inconvenience. What incentive is there for you to put up with the hassle, building work, loss of privacy & pleasant environment (the lovely trees when they probably die).

I voted YABU but I would put a canva to it.

Your issue is privacy. You could agree with them, have the border redraw (with them doing all the leg work for the legal stuff) and include that they have to plant new bushes/edge for your privacy.

Basically there is more than a black and white answer to that dilemma

Send them a copy of their plans back with the message - why are you including my land in your plans?
You don't have my consent and I will be blocking any and all plans submitted that include my property.

How fucking dare they.

The 2 properties will have to be measured and reregistered with the land registry to reflect a change of boundary. This takes several months perhaps up to 6 months. It will cost approximately 10k in surveyor and conveyancing fees just to change the boundary. Then you will want them to move the existing wall as part of the deal, which will cost x thousand.

For me it’s a no way in hell. This is a non starter, surely?

I think they're being CFs, but you need to find out who owns the wall, OP.

If i didn't need it id offer to sell them the piece of land they need.

Why do some people think the op is being unreasonable?

They were asked and don't want to do it.
So the neighbours have effectively said screw you we are going ahead and here is our plan to take away your property.

For that alone they should be told to politely go fuck themselves.
What happens when they want to build a full on extension and steal more of her land because they got away with it once?

@Notimeforaname

Yes what are they offering? It's your land do as you wish of course. If the only problem is the tree roots being disturbed and you dont mind the bit of land being used, tell them it's on condition they buy and plant tall trees/shrubs/bamboo to immediately screen again.

Exactly this. And only if you want to.

But if you can specify the brick they use and ask for equivalent plants (t is possible to buy mature specimens so I wouldn't settle on cheap bamboo) perhaps it could be nicer for you to have a more regular shaped alleyway than what you currently have?

Also as other PP said get it all done legally.

When they say swap, they mean take.

Get a solicitor to draw up plans and tell them how much they need to pay you for the land,

They can’t take land.

Get yourself on land registry and order copies as boundaries do need to be checked.
Hopefully you do own the wall and who knows, might come back and bite the neighbours in the ass and some of their land isn't theirs either

Have a good look at their car /caravan /boat... Would it make your life easier? Ask them if you can have it...
Cfers they are... Tell them the conversation has been had and you are in the same mindset as last time. It's a no.

I think we feel bad because our house and garden is substantially bigger than theirs. DH is saying we'd be twats not to at least consider their proposal. He's saying we could specify that they replace the mature trees.

When they say swap, they mean they get the bottom triangle and we get the top. My diagram is a bit rubbish and actually the bit they want is the same size, or slightly bigger, than the bit we'd lose.

No! This has years of trouble written all over it and you've already told them no. They cannot just decide to have some of your land!

I voted yabu but only because I think you should be seeking a compromise that works for both sides rather than just saying no.

Your chief concern is privacy and wanting to ensure that you have a nice verdant green area there not a boring side wall - fine, so tell them that is your priority and ask them to adjust the plans to include paying for some landscaping design and planting work to be done in your garden at their expense to maintain the current quality of your outdoor area. Get that agreed in writing with enforceable financial commitments as a condition of the exchange of land.

You don’t have to do anything but looking at the diagram it certainly makes sense for you both to have a straight boundary and I don’t think anyone if gaining or losing space.

They would have to foot the bill for any official change of boundaries though.

How will you feel, OP, if they build right up the existing boundary (so have a slightly odd-shaped, angled room)? If there's no downside for you in that, I'd say no. If you'd prefer a more regular-shaped extension, then it makes sense to say yes (subject to them paying all costs and planting new mature trees to replace any chopped down).

I don't think they're being unreasonable to ask but neither are you unreasonable to say no.

Well boo fucking hoo for the neighbours. The price they paid just like you would have reflected the garden space. If they wanted more land they should have bought elsewhere.

@TreeTrials

I think we feel bad because our house and garden is substantially bigger than theirs. DH is saying we'd be twats not to at least consider their proposal. He's saying we could specify that they replace the mature trees.

They bought their house as is and you bought yours as is. They can't just go having bits of their neighbours garden because they want to!

Nah I wouldn't swap, sell and make them replace trees yes as well as move existing wall.

Entirely your choice. If you don’t want to sell / swap your land then don’t.

If you do decide to do it though, make sure the change is properly done through a solicitor and the deeds of the house are amended.

I think I'd tell them that I don't want to swap but I'd consider selling them the bottom triangle as long as they also got a specialist in to rebuild the existing wall along the new boundary.

But if you don't want to do it, just say no.

No way