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Can my neighbour claim my land?

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  • Can my neighbour claim my land?

    I have owned my detatched property for 10 years. At the bottom of my garden is a gate leading to an extra bit of land (4x5metres) which covers the bottom of my garden and part way across my neighbours back garden, which is divided from his by a brick wall.

    I no longer live at the property but my daughter does and has not maintained the extra bit of land for the last 2 years so its very overgrown.

    A new neighbour has now moved in next door and has asked if we would sell that bit of land to him, but we said no but we happy for him to have access to cut through to the road behind where his son lives. Obviously he would have to put a gate into the brick wall etc to be able to do this. They also asked if it was OK to tidy the garden up and put a new fence in, also to replace our very high brick built shed roof and put a flat roof on to let more light into his garden. We have agreed that this was OK. Now he has said the walls of the shed are in poor condition and he would like to put a summerhouse in its place.

    Again I don't have a problem with this as the garden at present is disused. However, will this give him any rights to the garden? He has said he will be putting a playground in for his grandchildren, and our grandaughter (who lives there) will be able to use. I'm just getting a bit concerned that if in the future we decided to move back in what rights does he have?

    Any advice is greatly appreciated.

  • #2
    Re: Can my neighbour claim my land?

    My intial thought is that, as you refused to sell the land to him, he's trying to 'acquire' it by stealth. You have been very generous, a bit too generous IMO, and you may find in years to come that, because he has used/maintained it, he will have some rights to it.

    For a legal opinion, you need a response from someone like Richard Webster.

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    • #3
      Re: Can my neighbour claim my land?

      He would not be able to claim it as his through adverse possession as tyis must be done over a peeriod of between 10-12years without the owners permission. As you have given your permission this is not a way for him to claim the land. I would suggest you write a diary of everytime he asks for something new. Keep notes on when.you use the land, make sure you maintain this land, keep notes of what he does to the land both with and without your permission. And from now on i suggest you stand your ground... Dont let him have too much control remind him its your land.

      This way he will not have any rights to it through adverse possession.

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      • #4
        Re: Can my neighbour claim my land?

        I must say that you are a very generous and considerate neighbor. If you don't like his suggestions, you can always refuse because you have all the rights to do it. You may want to seek legal advice on this matter so that you will not encounter any problems in the future.

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        • #5
          Re: Can my neighbour claim my land?

          If you don't give him any legal paper of your property then he haven't claim your land. So be careful and don't give him any legal paper and don't do any agreement, I mean any paper work.

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          • #6
            Re: Can my neighbour claim my land?

            Your neighbour is after extra rights to this IMO.
            Probably best just to sell him the bit as you dont use it and make sure he pays all your legal costs if you do.
            Probably worth about £3,000 to you to sell.
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