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Unread 19-09-2019, 01:01 PM
Switching Off
 
Question Legal advice - property encroachment

Weve got our own solicitor but things up in the air atm so if anyone has any experience informal advice or suggestions to kill myself welcomed.

We're buying our rented property from a housing association (right to acquire). The neighbour built a garage about 4 years ago and the wall is about a foot on our side of the boundary.

The housing association discovered it on the survey and now things have ground to a halt while legal people get involved.

I figure the HA could just sell it to us and wash their hands of it. We're not arsed (it's a massive garden, the wall is better than the shitty fence that was there previously and weve put a shed up against it. Weve also gained much more square footage at the back where he put up a fence well on his side of the boundary, so all in all we dont care).

Or they could offer to sell him the piece of land and we can proceed with the purchase of the rest.

Or they could take him to court and potentially have it forced down.

We dont want to fall out, and just want to move as quickly as poss. Any idea what the likely outcome is here?
 
Unread 19-09-2019, 01:03 PM
no fun
 
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ask if you can store a ladder and some paint tins in the bit that encroaches on your land
 
Unread 19-09-2019, 01:04 PM
Cream
 
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I would not buy a property where someone has encroached.

Think about when you go to sell. You'd have murders.

Down it comes.
 
Unread 19-09-2019, 01:06 PM
waynes ear's
 
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Quote:
Originally Posted by Switching Off
suggestions to kill myself welcomed
 
Unread 19-09-2019, 01:21 PM
big chief
 
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If you are not requesting the land then simply assign it to the neighbour via the Land Registry. That will allow the HA to proceed with the sale. Also is a neighbourly gesture.

If either you or the HA are seeking compensation for the encroachment, that will delay matters considerably.

How long ago was the garage built? If more than 4 years then they can claim exemption from any planning enforcement action.

If not 4 years old, check whether the garage was built in accordance with the approved drawings on the planning consent. If it wasn't then threaten them with enforcement action & agree a commuted payment. Get an estate agent to give an idea of land values.
 
Unread 19-09-2019, 01:25 PM
My Name is Heath
 
Thumbs down

Quote:
We're not arsed (it's a massive garden,

You.
Make.
Me.
Sick.


Worst humblebrag on here outside of the Pretentious Winter Coat Thread (''I might pick up this litte Antoine McSiberia jacket that makes me look like the Michelin Man for 3 grand so I can stay warm whilst I'm mincing about Leafy Cheshire on the way to get my lunch served on a dustbin lid'') .
 
Unread 19-09-2019, 01:37 PM
Switching Off
 
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Quote:
Originally Posted by big chief
If you are not requesting the land then simply assign it to the neighbour via the Land Registry. That will allow the HA to proceed with the sale. Also is a neighbourly gesture.

If either you or the HA are seeking compensation for the encroachment, that will delay matters considerably.

How long ago was the garage built? If more than 4 years then they can claim exemption from any planning enforcement action.

If not 4 years old, check whether the garage was built in accordance with the approved drawings on the planning consent. If it wasn't then threaten them with enforcement action & agree a commuted payment. Get an estate agent to give an idea of land values.
Assigning it and letting neighbour pay costs seems the easiest thing to me. Is that something that often happens?
 
Unread 19-09-2019, 01:41 PM
Ethers
 
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Sounds like he has absolutely no respect for you or your property, and sees you as a bit of a soft touch. Mark my words, this is the thin end of the wedge, and before long he’ll be taking liberties eg. shagging your wife.

You need to grow a pair, get that f***ing garage torn down, and show him who’s daddy.
 
Unread 19-09-2019, 01:45 PM
atticusgrinch
 
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Quote:
Originally Posted by Ethers
Sounds like he has absolutely no respect for you or your property, and sees you as a bit of a soft touch. Mark my words, this is the thin end of the wedge, and before long he’ll be taking liberties eg. shagging your wife.

You need to grow a pair, get that f***ing garage torn down, and show him who’s daddy.
Does seem like he's pulling your pants down because of your ginger hair.

You can't stand for this.
 
Unread 19-09-2019, 01:46 PM
Albert Tatlock
 
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If the garage was build four years ago, who built it (mate or reputable builder) and who gave permission for it to be built and how did he get the extra foot ... who approved the plans ?
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