A HOMEOWNER is struggling to sell their house after they discovered a neighbour had built a shed on their property.
While you might assume the neighbour is in the wrong for building on land they don’t own, when it comes to property rights, the rules can be murky.
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Th disgruntled homeowner wrote to the Irish Times seeking advice on a property pickle she found herself in.
Ms LH said she was clearing our her late mother’s back garden when she discovered a brick shed that had been erected by the neighbour.
The outbuilding had previously gone unnoticed as it was hiding behind 30-years worth of brambles – making it impossible to know how long it’s been there for.
Ms LH addressed the matter with the neighbour directly, but he refused to remove the building.
She said: “My mum has passed away and we’re worried about selling the place with this issue.
“If we have to go to court, the legal costs will eat up our mum’s inheritance.”
Unfortunately, there’s no single rule to determine whether a structure can be forcibly taken down – no matter how invasive and unfair it may seem.
Property boundaries have to be taken into consideration, among other things such as the length of time the building has been up.
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How do I find my property boundaries?
To determine who owns which segment of land, you’ll need to check your property deeds.
If you don’t already have these, they’re available to purchase from the Land Registry for a small £3 fee on the government’s website.
There’s nothing stopping you from buying the deeds to your neighbour’s property too, which may help outline additional information that isn’t noted in yours.
In this case, the homeowner had done just that.
Ms LH said: “We have checked Land Registry maps and the shed is very clearly 80% on my mother’s land.”
Can the shed be taken down if it’s partly on my land?
You may have grounds to request the shed to be taken down for a number of reasons, but not always.
These include:
- If the building is posing a safety hazard;
- If it’s been there for less than four years;
- If it’s blocking more than half of the natural light in one room;
- If you believe it requires planning permission.
If any of these apply, it’s worth explaining to your neighbour in a friendly conversation to avoid confrontation.
Hayley White, senior planner at JLL, said: “If the shed has been in situ for four or more years, than the building is lawful and cannot be challenged in planning terms.
“If it’s less than four years old, there is room to challenge the building and the council may request that it is removed, or invite the owner to submit a planning application so it can be properly assessed.”
She said an investigation can be done to determine how long it has been there by conducting an aerial or satellite view search.
If all else fails, you can log the issue with your local council and ask it to intervene – though councils typically don’t like getting involved.
Councils have the power to force homeowners to take down a structure, or at least order them to apply for retrospective planning permission, according to Paula Higgins, founder of the HomeOwners Alliance.
The Royal Institute of Chartered Surveyors (RICS) provides a mediation service to neighbours at a cost, which is a good place to start if you find you can’t agree – especially as it will be cheaper than going to court.
And speaking of RICS, yesterday it released a new consumer’s guide explaining whether sheds, fences or extensions can be removed under little known rules.
In a similar situation to Ms LH, another homeowner worried that their neighbour’s new shed would cause damage to their property.
Meanwhile, one person was threatened with legal action by their neighbour after supposedly stealing parts of their garden.
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