Neighbours using part of my garden

B

bartel

Guest
Hi, I live next door to a nice couple, don't know them very well but about 5yrs ago the back of their garden collapsed taking with it a bit of my boundry wall that was behind my garage. They reinforced their garden but never replaced the boundary wall and I was not bothered as I can't access that bit of space behind my garage due to the layout of my garden.

Its a bit complicated to explain without drawing a picture but there is a piece of narrow space behind my garage about 7ft by 15ft that until the wall collapsed was full of briars. They cleared it out since and for the past 5yrs have put a little storage shed into and as their garden is much smaller than mine, get use out of it. I really am not bothered as becasue their house is stepped back from mine they are able to access it whereas I am not.

They have now asked me could they continue their fence which stopped where the original boundary wall used to be, back behind my garage.

I told them go ahead, I don't use this bit of the garden so if they get use of it good and well....but after I said it I thought heck, I plan to sell the house sometime and am worried that this might cause problems.

You hear such stories especially in the UK of disputes between neighbours re boundaries and thats the last thing I want. I am happy to let them use it but I think would prefer that they would have no rights to it if I ever came to sell and it wouldn't become a problem with the sale.

Would they have squatters rights by now anyway?? Any advice?
 
i am in a similar situation and it has been ongoing for a few years but as far as i know you need to be on someones land for 12 years without them knowing it and be able to prove that you were before you can claim squatters rights but maybe somebody else has different information on the matter.
 
Hi, have you got solicitors involved? I don't want to go down that road with them and cause a whole legal dispute as i dont mind them using it really but if someone wants to buy this house they might consider knocking the garage as it takes up a lot of the garden, I had thought of this myslef when I moved in but didn't want the hassle. If so then whoever knocked the garage would probably not be too peased that the bit behind belonged to someone else as together with the garage being knocked and the space behind, they would have quite a big garden.
Could I just write them a letter that if the house is ever sold that this bit of the garden is to be returned, that they are only using it at my discretion sort of thing?
 
Yes 12 years is required.
Note if they are there with your permission (i.e. where they acknowledge your ownership of the land and where there is an underlying intention to return the land), then the "clock" will not start running.

You should consider talking to your solicitor.
 
If you are considering selling in the future, it might not be a bad idea to tell them that while they can use it, you'd prefer it they didn't put up a fence.

I don't think that writing a letter telling them that if the house is sold they must remove the fence etc is totally realistic and these things have a way of getting awkward further down the line, and may put off potential buyers.

Would suggest legal advice and solicitor involvement if you do want an agreement drawn up.
 
Is it really necessary to get a solicitor? Would an agreement between us in a letter suffice? Thanks
 
Sorry I missed your post PM1234 before I posted, I really hate this sort of thing. I better go next door and tell them not to put up the fence then as I gave them permission today......
 
Why not have a chat with them, tell them your concerns, have some sort of legal agreement put in place and everyone will be happy?
 
Pheew! Went next door and explained that i have no problem with them using it at all but that I would feel better if I payed for the bit of fense at the back in case there was ever a question over it if I sold the house, also that we could come to some agreement that they continue to use it but if the house is for sale they will remove their shed immediatly, its a plastic shed so not permanent. They were totally understanding and definatly don't want to fall out about such things and neither do i. Any idea of the wording of such an agreement? Thanks...
 
there is an insurance issue here too i think. its legally your property and you are liable for any claims arising from accidents on the property ...(i could be wrong) but worth getting checked out no matter how low the risk.
 
bartel said:
Pheew! Went next door and explained that i have no problem with them using it at all but that I would feel better if I payed for the bit of fense at the back in case there was ever a question over it if I sold the house, also that we could come to some agreement that they continue to use it but if the house is for sale they will remove their shed immediatly, its a plastic shed so not permanent. They were totally understanding and definatly don't want to fall out about such things and neither do i. Any idea of the wording of such an agreement? Thanks...
Click to expand...
Nice not to fall out with them but I personally would not depend on this verbal agreement and your payment for part of the fence (!?) as meaning that things are sorted especially with regard to any future developments...
 
or renting it to them for €1 a year then if you sell just stop renting and they may not have any right to it.
 
Would renting do the trick as Kellysayers said, could I rent it on a 3 month basis for a euro, then give them a months notice if I were to sell up?
Would this put potential buyers off though even if it was all closed up at the sale, I need not say anything to the estate agent if it all reverts back to the way it was.
This is more hassle than its worth I think. Theres the insurance that someone mentioned above. At the back of my mind I think they never asked my permission all along and even though I didn't mind I would never have done that without asking permission first. I might knock a door out the back of my garage and put a deck chair there instead :rolleyes:
 
In my opinion if you are going to allow them to use your land then you need a written legal agreement. Anything else is potentially trouble now or in the future.
 
Sorry I have to laugh at 'land' clubman but I know what you mean, I guess there is no other word for it, its slightly bigger than a postage stamp.
Thanks for all the advice, I think I will have to just fense it off completly and revert it back to as it was as I don't think I want the bother of checking out insurance and paying solicitor for advice, if I can't rely on a written agreement between us then so be it, shame that you can't trust people anymore as its handy for them but useless to me. Thanks again.
 
If you want to allow them to use it, but want to retain ownership then why don't you suggest you go to your solicitor, get an agreement drawn up and they pay for it- plus I really don't see why you should pay for the fence either! If they want to use it then they should pay.
 
I vote for "Written agreement + €1 per year rent". Make sure your agreement has "free termination by either party".
 
Very important a solicitor is involved. My father years ago allowed a neighbour use a small part of his garden to grow vegtables etc. The neighbour died suddenly and his next of kin claimed and won squaters rights on that portion of the garden. Left a very bad taste.
 
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