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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9338
Experience:  I have been practising for 30 years.
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I have a log cabin in garden. We bought it came out of s

Customer Question

I have a log cabin in garden. We bought it came out of his account and later mummy paid for it as a gift.. he left 18 months ago and now says hes taking it down does he have to have my permission
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

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.

Best wishes

FES

Customer: replied 1 year ago.
We are married and have a child I just assumed if you married its 50 50. Its our marital home. It is set on concrete can i refuse to let him take it ge is emotionally abusive controlling man
Customer: replied 1 year ago.
We had a concrete base to have log cabin built on.. is that classed as attached to the land.. sorry just need ro be 100 percent clear
Expert:  F E Smith replied 1 year ago.

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.

Customer: replied 1 year ago.
Hes very smart and carried on with me and said to stay married everytime i mention mediation or legal separation he declines. He has a property that he lets that he wants me to sign over to him.. he had this property before we were married.. does that mwan im not entitled to 50 50 of thst either..So basically i am stuffed re log cabin and he can take it.
Expert:  F E Smith replied 1 year ago.

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.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you for your help
Customer: replied 1 year ago.
Can i ask another question ill pay again but will it be you. I need to know how quickly i can get a legal separation started snd how much because i have no money and suddenly feel very vunerable..
Expert:  F E Smith replied 1 year ago.

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.

Expert:  F E Smith replied 1 year ago.

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?