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Neighbours access rights and non disclosure by previous owner!

(150 Posts)
Pitwoman Mon 19-Feb-18 07:24:37

Previous owner didn’t disclose a dispute and missing conveyance from our deeds! 😩😩
Bought a end of terrace house with a parking space. After a few renovations...removal of a shed to create a courtyard garden and new bathroom, neighbours came around saying he had ‘washing rights’ and we couldn’t park our car on our driveway. It turns out that their was a conveyance missing off our deeds that were attached to neighbours. We instructed solicitors to resolve and found that the conveyance has to go on our deeds. We then tried to address a resolution with them about us having parking and then using area for washing but he won’t be resasonable about it and keeps hanging a washing line across my driveway...he’s never used it as his house is filthy! We found out during that process that he had been having the same issue with the previous vendor. Our solicitor wrote to them asking them to agree our reasonable terms, (there access apparently can not stop our enjoyment of the land) and ended the letter by saying if you don’t reply we will assume your agreeable. 18mthd later we put up a For Sale sign as this has been so distressing in a day to day basis, and they write to the Edtate Agents saying we are in dispute and please pass this on to the potential vendors! As such no sale....not sure if it is linked but still. Even tried to part ex but property older than 1930’s. Can anyone help me here. I am reasonable and understand they have rights but also to take previous owner to court will cost £20,000 and it’s such a simple resolution. 😩

Klarabing Mon 19-Feb-18 07:26:50

Has this been posted already? I swear i've read this before x

TheMaddHugger Mon 19-Feb-18 07:30:01

I've read this too. I wonder if it's a common problem ?

ZigZagIntoTheBlue Mon 19-Feb-18 07:30:42

There's dad been recent threads about washing lines and courtyard gardens, sheds etc... what were you advised on those?

RadioGaGoo Mon 19-Feb-18 07:30:58

Surely he only has the right when he actually hangs washing? Not to just keep a washing line up? So you can park your car there until he actually needs to hang up washing. Then you move your car, he gets out the washing line and hangs his washing. When it's dry, he collects his washing. He'll get bored of that soon.

HuskyMcClusky Mon 19-Feb-18 07:31:31

Did your solicitor do the conveyancing for your purchase of the property?

If so, they don’t sound very good and I would find a new one.

TheMaddHugger Mon 19-Feb-18 07:33:17

@RadioGaGoo hahaha It'll never happen, it's far too much common sense.

InMySpareTime Mon 19-Feb-18 07:34:05

If there aren't rules about the height of the washing line I'd change your end to a pulley about 10ft off the ground and park under it.

GrannyGrissle Mon 19-Feb-18 07:34:26

Cut the washing line everytime the fukker hangs him washing on it. Cunts like him only speak cuntidh. (Yes i know he has rights but if he's just doing it to wind you up).

jay55 Mon 19-Feb-18 07:41:45

Surely you need to complain to your original solicitor for not advising you of the hanging rights.

Hissy Mon 19-Feb-18 07:48:19

You’re being too nice love

Agree with using the space as you bought and see fit

Tell him you’ll move it when he uses the washing line.

If he wants to exert his rights he needs to establish them, so take your space and make HIM take you to court. Any halfwit court will see the stupidity of his actions

If I were you, I’d photograph the washing line every day for evidence

EllieMe Mon 19-Feb-18 07:50:22

Your solicitor is the person to blame for this. Sue him.

Can't blame the neighbour for wanting to preserve his rights - his property value is affected as well.

PansyGiraffe Mon 19-Feb-18 07:52:15

Their original solicitor wasn’t a mind-reader. If, as the OP says, the previous owner didn’t disclose something that wasn’t on the deeds, how was he/she to know?

HuskyMcClusky Mon 19-Feb-18 07:52:35

Your solicitor is the person to blame for this. Sue him.

Agree with your first sentence but not your second. Get another solicitor to sort out the mess, and ask his advice re: potential action against the first solicitor.

Sugarpiehoneyeye Mon 19-Feb-18 07:54:01

Your Solicitor seems to be getting off lightly !

Inertia Mon 19-Feb-18 07:54:31

Surely your original conveyancing solicitor is at fault and needs to pay to resolve the issue? Does your house insurance come with legal advice cover?

HuskyMcClusky Mon 19-Feb-18 07:59:00

Their original solicitor wasn’t a mind-reader. If, as the OP says, the previous owner didn’t disclose something that wasn’t on the deeds, how was he/she to know?

I don’t know how property deeds/titles work in the OP’s jurisdiction. Where I live, the Certificate of Title lists every easement, encumbrance and entitlement that conveys with the property. Basically, if it’s not on the title, it legally doesn’t exist. If it is on the title and the solicitor missed it, they are negligent.

Unless anyone here is a property lawyer in the OP’s jurisdiction, she probably needs to consult one.

Isetan Mon 19-Feb-18 08:13:48

Unless anyone here is a property lawyer in the OP’s jurisdiction, she probably needs to consult one.

This

Our opinions don’t mean squat, it’s legal advise you need.

Isetan Mon 19-Feb-18 08:16:02

Your neighbour either has a legal entitlement to do what he’s doing or he doesn’t.

GnotherGnu Mon 19-Feb-18 08:19:41

Where are you? In the UK I would have thought any rights like these would need to go on the Land Registry to be enforceable.

PiffIeandWiffle Mon 19-Feb-18 08:20:14

I'd be putting the bird feeders out there & start calling him "Mr Shittyshirt".

Or, as suggested above, cut it - but cut a metre out of the middle every time - tell him it must be kids.......

SoupDragon Mon 19-Feb-18 08:20:19

If, as the OP says, the previous owner didn’t disclose something that wasn’t on the deeds, how was he/she to know?

By checking neighbouring deeds? It can’t be uncommon for something to be on one set and not the other, especially in older houses.

Quaza Mon 19-Feb-18 08:20:46

What a frustrating situation. Does the convenance stipulate exactly where the washing line has to go?

crimsonlake Mon 19-Feb-18 08:34:21

I am sure there will be some legal comeback from this as the vendors failed to disclose this issue and they are legally bound to do so.

FenwickFan Mon 19-Feb-18 08:34:33

Maybe offer to dry his stuff in your dryer or buy him one as a compromise?

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