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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor.
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- I have had an irretrievable break down in a relationship

Resolved Question:

Hi - I have had an irretrievable break down in a relationship with my brother in law who had bee staying with us. I asked him to leave which he has done. He said he was coming back to dismantle a shed that we buiilt but it was mostly him that built it to store his tools. We agreed at the time that when he left it would stay as it is bigger and more fixed than a garden shed. The police said that he can't come onto my property and dismantle the shed. He is now demanding that I dismantle the fixed shelving in the shed and give it to him. This is part of the shed. Can he make this demand? Thank you. Regards
John
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a Scots solicitor and will help you with this.
I presume the shed is attached to the ground as a permanent fixture and not just sitting on it as a moveable structure. That being the case, the shed and all it's shelving and other fixtures attached to it belong to the owner of the ground, presumably you.
Your brother in law can't demand that you give him anything from the shed which is attached to it. He could try to claim the cost of construction to the extent that that he contributed under the doctrine of unjust enrichment, but the uncertainty of court action and the cost make it more likely that he would hesitate before raising action of that nature.
I hope this helps. Please leave a positive response so that I am credited for my time.
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