HELP please: adverse possession?

[Rapido925M]

Dad's neighbour has guttering which overhangs his garage roof. In order to sell his house to pay Dementia Care Home fees, we need to get the guttering removed.

The neighbour has always been very friendly and states that Dad agreed to it being built this way, although Dad was adamant that they could not use his garage wall as a party wall when they built their garage.

My research indicates that this could be seen as adverse possession and prior to the Land Registration Act 2002 things would go in her favour after 12y. She is certainly claiming that 12y gives her rights BUT the garage was built after 13 Oct 2003, when LRA 2002 came into force.

So although I do not want to upset a very good friend of Dad, am I right to do so by progressing down a legal route if necessary?

And how long might it take to get an enforcement notice?

[We have a buyer, but he will not wait for ever!]

TIA - Gordon

 

[Jimbohorlicks]

Why can't you leave it as is?

 

[Kannon Fodda]

Any legal process is likely to cost a small fortune and take much longer than the buyer might allow you.

If you weren’t happy with a trespass that should have been dealt with when it arose not many years later, but my understanding is you have to now assert the right to gain the trespass it doesn’t happen by default after 12 years on the old law system and if there is a refusal then adverse possession doesn’t icier. But that is all for the lawyers.

 

[chaser]

Why can't you leave it as is?

Always the best plan for small things like this, anything more will cost far more in money as well as friendship.
Apart from anything else I think 12 years has got a bit of bearing on leaving alone.
Probably not what you want to hear but it will be for the best.

 

[Rapido925M]

Any legal process is likely to cost a small fortune and take much longer than the buyer might allow you.

If you weren’t happy with a trespass that should have been dealt with when it arose not many years later, but my understanding is you have to now assert the right to gain the trespass it doesn’t happen by default after 12 years on the old law system and if there is a refusal then adverse possession doesn’t icier. But that is all for the lawyers.

Yes, it's all a bit of a mess.

Dad, who now has dementia and is in care, has no useful information to provide

Unfortunately, having had the property on the market in Teesside for almost a year, we have finally got someone prepared to buy BUT they want the guttering removed so that they can alter the garage (no information forthcoming about his intentions). A drop in price is not sufficient to change his mind.

SO: keep it on the market for who knows how long and hope someone comes along who's prepared to accept the guttering?
"fight" the neighbour to get the guttering removed?

Dad was always a kind, friendly soul and I suspect that he may have given a verbal agreement to the gutter being there (although, as I stated, he refused permission for them to use his wall as part of their garage). However, a verbal agreement is only worth what it's written on and there is no evidence of him having a copy of any agreement relating to this.

Meanwhile, the bills keep coming - Gordon

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[DavidG58]

We don’t know all the detail but I just sold a similar property, my issue was access to maintain the garage wall which had been built right on my boundary

We had allowed access but it had to be formalised

Can’t really think what would be gained by removing guttering in terms of change , photos might help, but this sounds complicated and legally very expensive ?

 

[Kannon Fodda]

It’s unfortunately very common that garages and other extensions have walls built close to or even butting the boundary between neighbours. The walls aren’t a problem (but we won’t worry about what is aligned below ground for foundations and if they go over the line as no one knows about that).

But people forget the roof needs drainage and add a gutter that does overhang. That isn’t a biggie till the other neighbour wants to build their bigger extension against the boundary too. A good surveyor will flag this problem during most inspections other than a valuation.

 

[SpeedyDux]

Never ever get into a legal dispute with a neighbour.

It costs a fortune and seldom ends well.