The situation with regard to items like this is that anything which is attached to the land becomes part of the land. Hence, if it can be simply taken down and carted away as if it was a garden shed and it’s not actually attached to the land as such, then he is entitled to remove it if it belongs to him..
It was concreted into the ground, he would not be entitled to remove it. If it was simply placed into sockets in the ground, he would be entitled to remove it provided there was no work other than lifting it required.
There is case law about all of this.
However what he does indeed is consent to enter onto the land to remove it. If he tries to remove it without consent that is trespass although if he moves it one day in secret, it is not theft because if it belongs to him.
From what you said, he bought it and paid for it and then your mother paid him for it so in effect, she bought it from him.
In which case, if he removes it, it is theft which is a police matter.
Can I clarify anything for you?
Please do not forget to rate the service positive. It’s an important part of the process by which we experts get paid. We can still exchange emails.
If it is simply resting on a concrete base, it is not attached to the land and can be removed as it is chattel. The concrete base however is attached to the land and cannot be removed although obviously, that’s not practical in any event.
If you are married, the situation is different because this could be treated as a marital asset although it would depend on how long it had been in the marriage for and who actually paid for it.
Unless you have started divorce or legal separation proceedings neither the courts nor the police will get involved with this because it would just be treated as a domestic disagreement between husband and wife.
Once you have started divorce or legal separation proceedings you can get an injunction to prevent him returning to the house or removing anything until such time as the ancillary matters (children and finances) are resolved.
You are not stuffed regarding the log cabin unless you dont start separation or divorce proceedings. On the contrary, it is a marital asset and it would be divided but by the same token so would all the other assets of the marriage. It doesn’t matter whether property is in joint names or his sole name, you still have a claim on it. The amount of the claim would depend on who paid for it, where the money came from, how it came into the marriage, and how long you had been married for. Don’t sign anything without seeing a solicitor.
I would be pleased to help you.
If you put my name at the top of the thread. For FES only, I will deal with it for you.
Do you particularly want to remain married and have a separation or do you want to get divorced?