Boundary wall removal

Greentree_uk

Hey all, I've just bought a house and delighted with everything, including all the neighbours we have met.

I was talking to my neighbours and we were discussing the wall between ours, and that my shed acts as a boundary, when we realise that it probably wasn't always that way.

It appears that a previous owner removed the boundary wall between our shed and their house, thus making their side walkway wider than it should be.

While it is of no use to me as it would be a useless blocked in piece of land I am concerned for the legal implications of it and whether I should do anything about it. I love our neighbours and certainly don't want to fall out over it, but if I did knock down our shed then it would create an issue. Note that all this was done before we both bought our houses as they are new to area also.

Thanks for your thoughts

Xterminator

Hi Op

What is the problem you would like to resolve/prevent?
What is the impetus to resolve this issue at this time.
What benefit do you see accruing if you took this action
What are the downsides ?

Certainly i could not answer those questions for you. But i would suggest you sit down and weigh up things.

It appears your are considering alienating your 'loved neighbours who you plan to live beside for decades for what nebulous benefit?

Greentree_uk

Hi, My Main concern would be that it could affect the resale of the property, and the implication of what if we want it back? do they accrue a right to it over time?

Ideo

Surely when you both bought your houses the boundaries of both properties were clearly defined on the land registry map? If so, then how would this result in an falling out with the neighbour if this is clear to the both of you? Or maybe I an missing the point here?

Gumbo

Greentree_uk wrote: »

Hi, My Main concern would be that it could affect the resale of the property, and the implication of what if we want it back? do they accrue a right to it over time?

If you’ve just bought the property and it didn’t raise an legal complications, what makes you think it will cause legal complications if you sell?

It’s built as is. It’s sold as is. If the wall is built on the boundary then it’s a new party/boundary wall.

Greentree_uk

Gumbo wrote: »

If the wall is built on the noonday then it’s a new party/boundary wall.

this is not useful at all.

If it didn’t have an impact on your buying why would it suddenly be an issue if you were to sell?

Gumbo

Greentree_uk wrote: »

this is not useful at all.

Sorry it’s not what you want to hear.
It’s beginning to sound like you just want something done for the sake of it.

First work out what outcome you want. Then work towards it.

Housebuying

Greentree_uk wrote: »

Hey all, I've just bought a house and delighted with everything, including all the neighbours we have met.

I was talking to my neighbours and we were discussing the wall between ours, and that my shed acts as a boundary, when we realise that it probably wasn't always that way.

It appears that a previous owner removed the boundary wall between our shed and their house, thus making their side walkway wider than it should be.

While it is of no use to me as it would be a useless blocked in piece of land I am concerned for the legal implications of it and whether I should do anything about it. I love our neighbours and certainly don't want to fall out over it, but if I did knock down our shed then it would create an issue. Note that all this was done before we both bought our houses as they are new to area also.

Thanks for your thoughts

When you brought the property, you should have a map of the boundaries as part of conveyancing. Did an architect sign off on whether the map represented the actual boundaries in the property?

Gumbo

Housebuying wrote: »

When you brought the property, you should have a map of the boundaries as part of conveyancing. Did an architect sign off on whether the map represented the actual boundaries in the property?

That’s not required/mandatory for a purchase here in Ireland.

Housebuying

Gumbo wrote: »

That’s not required/mandatory for a purchase here in Ireland.

It's not mandatory but often done. If I have a question over a hedge or a wall that's moved, I have it done. I was wondering did OP

Xterminator

It seems to me OP is considering taking an action that will cause problems with the nice neighbours (for years?) to avoid a problem that may or may not occur, if and when he decides to sell. But he hs just moved in and presumably doesnt plan to see for a few years.

So make a problem that will affect you for years to avoid a possible problem, that may not ever be a problem, and which did not prevent OP from purchasing in the 1st place.

Greentree_uk

I did not have a boundary check done. at the time the area was covered in ivy so it would have been hard to see. I am not wanting to create a problem, there seems to be be such adversity to my question I wonder why I bothered at all. I'll ask someone who may have a legal opinion.

Corruptedmorals

Boundary checks which are as mentioned done by some surveyors will not show up a very minor difference in the boundary. What they will show is if the boundary on the map is a different shape than what it is on the ground i.e a chunk of land or a line that should be straight clearly isn't. If there is a discrepancy but the original map done when the house was built is correct, land registry will amend it. If both maps are wrong then an engineer needs to come out and fully measure it and create a new map to be submitted to land registry. The fact that you bought the house without issue implies there isn't a boundary problem. You could talk to a surveyor company and see what they suggest.

Xterminator

Hi, i hope you didn't take my logic for adversity.

i was pointing out that you will be living there for years, and having bad blood with the neighbours can actually have a real effect on the quality of life.And that presumably you don't plan to sell in the short term? An that you purchased the house without this being a stumbling block. The logic being if you bought it, why would it stop someone else?

I do think getting legal advice over the implications of leaving things as they are is wise.

But as a neighbour, you should not take unilateral action to change the status quo - even if it is within your rights. Or at least it should be the last resort if you have to. If the legal advice you get, is to make a change, then sit down with neighbour and show them the legal advice. Seek agreement on the best solution for both of you.

If the only concern was an adverse possession claim, then perhaps doing something as simply as planting a row of bushes would be enough to establish your use of the land. Nothing as nuclear as demolishing a building.