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To buy this land and risk upsetting the tenants next door

(1000 Posts)
Mrsdavidcaruso Sat 04-Jan-14 12:31:26

Long story short. My house is at the back of a large house which was converted into flats last year. I own the freehold to my property and have had problems with the tenants of the flats parking on what is actually my land. It got bad when the LL of the large house 'rented' a part of my property to one of his tenants as an extra parking space and it took a long time and solicitors letters to get it all sorted.

I also had to spend money on getting bollards and a fence to ensure no-one parked on my property.

My property is at the end of a T shape and I part is used as a passage to my house ( I have legal access over it) and a parking area for 5 cars rented by the LL to his tenants

However because of all the problems my solicitor has done some digging to ensure my legal right of way and that nothing comes back to bite me on the bum with the owners of the large house.

It then got interesting - it seems that the LL bought the large house at auction on a 99 year lease. My Solicitor saw the legal pack and there was no mention of the land on the paperwork.

He has now found out through the freeholder that the land does not actually belong to the large house but to the house next door.

The freeholder of the house next door has confirmed yes its his land but as he does not live in the house was unaware that the LL of the large house was using it as far as he was aware only I had access to it.

He has now contacted my Solicitors and offered to sell me the land, If I don’t want to buy he is going to offer the LL the chance to lease it from him but if he does that I am worried about my own access across it.

I am very tempted I can enlarge my garden and my husband (who rents a garage ) can also park his car on the property we can afford it and it may increase the value of my house and provide a safer environment for my DS and bump when he/she arrives.

But that is not going to sit well with the tenants of the large house and I can forsee huge problems with them as a couple were very abusive to me during the problem with the parking before.

I have a couple of weeks to decide. I know it would not fair to the tenants but its something they will have to take up with their LL as either he has been badly advised/mistaken or is chancing his arm renting out parking spaces when he knows its not his land (I suspect the latter).

According to my Solicitor there would be no legal or planning issues if I wanted to change the area to a larger garden (although I will check with the council myself)

So would I be UR to buy it

Lottiedoubtie Sat 04-Jan-14 12:34:15

Sorry, got confused, if you but it will the tenants be able to park anywhere?

Either way, I'd buy it if I could afford it!

RandyRudolf Sat 04-Jan-14 12:34:45

I'd buy it.

TheMuppetsSing Sat 04-Jan-14 12:35:12

Buy it. Tenants will move on at some point and the LL won't be able to lie again once you own the land. Plus with the increase in value to your own place is a no brainer to me.

NigellasDealer Sat 04-Jan-14 12:36:29

buy it

SoupDragon Sat 04-Jan-14 12:37:01

Buy it!

SpockSmashesScissors Sat 04-Jan-14 12:37:09

I would buy it, no question at all.

mistlethrush Sat 04-Jan-14 12:37:18

Planning issues - what is it now and what would it be - if its changing the location of the fence, no planning issues (just make sure any fence along the road is no more than 1m).

Littleturkish Sat 04-Jan-14 12:37:42

Buy it. Once it is clearly yours, it will make disagreements much easier to resolve. Transparency over ownership ends an argument!

Usernamegone Sat 04-Jan-14 12:38:02

Buy it

onedev Sat 04-Jan-14 12:38:03

I'd definitely buy it in your position.

knitknack Sat 04-Jan-14 12:38:07

Absolutely I'd buy it! Ultimately you'd have the law on your side and as the muppetsing says, they will more than likely move on eventually and you will have peace of mind over your access PLUS a bigger garden and higher value property. Please don't give up on a better property for yourselves for the sake of some people who sound like numpties!!

fryingpantoface Sat 04-Jan-14 12:38:31

I'd buy it in a heartbeat

OodlesofOods Sat 04-Jan-14 12:39:17

I'd buy it. It makes your position securer if you come to sell surely?

Squidwardtenticles Sat 04-Jan-14 12:39:18

Buy it and tell the landlord to fuck off.

StuntBottom Sat 04-Jan-14 12:39:27

Buy it. You could always lease parking spaces to the tenants to stay on good terms with them.

Mrsdavidcaruso Sat 04-Jan-14 12:39:54

Thats the problem lottie there is not really any parking in the street, thats why OH has to rent a garage and why the tenant who 'rented' the extra parking space was so abusive when she was told she couldn't use it and I had to get my Solicitor involved. There is parking in the next street

McPie Sat 04-Jan-14 12:40:26

Buy it and any complaints made to you about it should be met with a sharp "speak to your LL not me". It sounds like you have already made plans in your mind for what you would do with the land and I personally would rather see a nice garden than a parking space.

LadyMuck Sat 04-Jan-14 12:40:50

No brainer unless you can't afford it.

But can I just check one thing: are you also effectively buying the land that the other house is standing on, so it reverts to you when the lease expires (I appreciate that it may not be you, yourself in 99 years, but obviously if so, then it hugely increases the value of your property).

Chivetalking Sat 04-Jan-14 12:40:52

I don't know why you're asking.

You can afford it. It will give you peace of mind and stop the aggro in its tracks.

Buy it.

HeartsTrumpDiamonds Sat 04-Jan-14 12:40:53

Buy it, definitely.

WandaDoff Sat 04-Jan-14 12:41:04

Buy it.

Once you own it & have the paperwork to prove it, then they have no case. No brainer.

soverylucky Sat 04-Jan-14 12:41:59

Message withdrawn at poster's request.

AngelaDaviesHair Sat 04-Jan-14 12:42:05

Buy, it. Only way to avoid further problems in the future with this or other tenants. Short-term pain for long-term gain.

minibmw2010 Sat 04-Jan-14 12:42:24

Absolutely buy it now, bite the fingers off the seller. The only problem I can see is you mention extending your garden, does this mean there would be nowhere for the tenants to park? This seems unfair as it's jot really their fault the LL has been using the land illegally. Would you be willing to continue letting them park on it? Obviously then they'd have to pay you rather than their LL which could open another can of worms. Either way, buy the land, then decide what to so with it. DO NOT allow the LL to buy it !!

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