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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband and I bought our house may 2012 but after the sale

Resolved Question:

My husband and I bought our house may 2012 but after the sale went through we received the deeds which clearly show our boundries and our neighbour has a metal shed that goes accross our land. How do we proceed with getting this shed removed
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you pointed this out to your neighbour and if so what do they say please?

Customer: The property next door to us is owned by 3 people 1 lives in the property he is the oldest sibling in his 80s the 2nd lives 2 doors down from us and the 3rd lives across the street when we spoke to them to tell them that the shed was on our property they just said that it had always been there ever since their mother bought the property
Alex Watts :

That may be the case but that does not mean it can remain.

Alex Watts :

What you should do is the following:

Alex Watts :

1) Write to the owners and enclose a copy of the plan. State that the shed is in your property and you wish it removed within 28 days

Alex Watts :

2) If they refuse then see a Solicitor and ask them to write to the owners, doing the same thing. But in this case state you will go to Court within a further 28 days if they do not move it

Alex Watts :

3) If they refuse then you will need to issue proceedings for possession and enroachment

Alex Watts :

You will need a Solicitor to do this for you

Alex Watts :

The Solicitor can issue proceedings and represent you in Court.

Alex Watts :

What will happen is either

Alex Watts :

a) They will dispute the boundary line in which case the Judge will need to declare where it is, or

Alex Watts :

b) The Judge will see the boundary is yours and Order that the shed is removed

Alex Watts :

Any fees you pay, if you win, can be sought from the other side

Alex Watts :

But these are the steps you need to follow

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your help and advice

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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