Neighbour encroaching on my land
- Thread starter Kaytir
- Start date
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Work out how much it would cost for them to knock the encroaching but down and rebuild correctly on their land…then as for 97% of that value
10pwrcent if the value of your house as they have devalued it by that much.
And remember you might be paying capital gains tax on this. So the amount they pay might not be the amount you get in your hands.
And remember you might be paying capital gains tax on this. So the amount they pay might not be the amount you get in your hands.
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You need to provide a bit more detail on the actual circumstances for anyone to really help.
If you’ve got a 4 metre wide garden and they’ve built 1m into your garden then they could have seriously devalued your property.
If they’ve built 10cm onto your acre of land, then it’s probably only worth a couple of beer tokens.
If you’ve got a 4 metre wide garden and they’ve built 1m into your garden then they could have seriously devalued your property.
If they’ve built 10cm onto your acre of land, then it’s probably only worth a couple of beer tokens.
C
Captain Nemesis
Is making them lease the land and absolutely not relinquishing ownership of it an option?
£100,00 or move back over the property line!
Andy
Andy
You going soft and cheap?
Much better
Find out the asking price of a similar bit of vacant land, in the local area, with planning permission, then work out from that the value of the extra land they have taken as a proportion. That should give you a basic idea. As above, if your land was only 4m wide and they took 1m that would have a very serious effect on the value of your property, so that would need to be taken into account to work out a value. If it's only 100mm of your 50m wide, the value goes down. Why not ask your neighbour to make a sensible offer for you to consider?
How did they manage to build on your land without you noticing at the foundation stage?
How did they manage to build on your land without you noticing at the foundation stage?
If you can tolerate the loss of the land then one option might be to offer the neighbour a non transferable short term lease on the ground they have invaded. This could then bring in a rental income to you and give you control over what happens in the future. If they ever wanted to sell their house then the buyer would have to also deal with you to purchase the lease.
Need to check that.
Need to check that.
Building more on this concept, the value of the land in question would actually be driven by the importance of the land:
- A significant proportion of your land and/or a material impact on your property - then the price of the land should reflect compensating you for the devaluation to your property
or
- An immaterial amount of your land / no impact on your property - the higher of (a) the open market price of the land on the market, or (b) the cost to the builder of rebuilding the new extension correctly
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