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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To buy this land and risk upsetting the tenants next door

999 replies

Mrsdavidcaruso · 04/01/2014 12:31

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

OP posts:
limitedperiodonly · 14/01/2014 14:46

This is the epitome of all parking threads, with revenge on nasty neighbours thrown in for good measure. No parking thread will eve get better than this.

I definitely agree with unexpecteditem. Whenever someone asks what your favourite thread topics are, I always say neighbours, parking and slebs you hate.

I suppose it would be too much to hope for that your neighbour is Vanessa Feltz, OP?

MunchMunch · 14/01/2014 14:48

I'd be tempted to wait until all the cars had been moved for the day and stick a fence all the way round and then watch their little entitled faces become all confused until the penny drops when they realise they've got to find somewhere else to park.

TimeToPassGo · 14/01/2014 14:53

What is happening next MrsDC?

limitedperiodonly · 14/01/2014 14:58

There was a good one a few years ago where a neighbour wanted to buy a shared passageway between her house and the MNetter's and fence it off.

The MNetter said no because it was the only way into her back garden from the outside and the neighbour became more and more unhinged in her attempts to get her own way.

As it went on I became so convinced she was my former neighbour I PMed the OP. She wasn't. There are a lot of them about.

TimeToPassGo · 14/01/2014 15:01

limited I think I vaguely remember that one! Is there a link?

limitedperiodonly · 14/01/2014 15:06

of course

minibmw2010 · 14/01/2014 15:07

I would have thought you'll have to give the Landlord some notice so he can give his tenants notice to move their cars? Generally it needs to be done in a way that doesn't ensure they make your life a misery from the outset, no matter how much it'd be nice to completely shaft them.

PeterParkerSays · 14/01/2014 15:11

Sneaking a comment on so I can follow the outcome of this. I'd so love to me a fly on the wall when Mrs DC erects her bollards to the lot of them, as it were.

Glad that buying it was so easy.

PigletJohn · 14/01/2014 15:13

what makes you think that you need to give a trespasser notice that you are going to prevent them helping themselves to your property?

limitedperiodonly · 14/01/2014 15:23

I agree with pigletJohn. Although he was completely wrong on a recent thread about the subtle differences of Essex and East London Wink

Do not bother trying to be nice to people like this. It will only cause you pain.

HSMMaCM · 14/01/2014 15:35

It's not Mrsdavidcaruso who's being horrible to them, it's their sneaky landlord who has made them pay to park on someone else's private land.

Damnautocorrect · 14/01/2014 15:45

How you kept your cool I'll never know. It must have bee so tempting to go 'my bins fine on my land, unlike your car'

Rooners · 14/01/2014 16:07

Hooray! I'm really pleased you have bought it.

I'm just getting this back on my threads list so I can see what happens. I really hope it all works out for you.

Original poster
Mrsdavidcaruso · 14/01/2014 17:26

Thanks everyone - had a hell of a day morning sickness (well all day sickness) and DS being a little sod.

A letter went to the LL explaining that I now own the land and that I require sole use of my property by 13th February 2014, the letter also told him that it is his responsibility to inform his tenants, if he does not respond to my solicitors letter by 20th January then my Solicitor will himself inform the tenants by letter.

I was a bit worried about this but OH will be working from home by then so he will deal with anyone knocking at the door.

Solicitor has also told me that once the LL has had the letter I can claim any extra money I pay him to send the letters to the the tenants or to deal with any actions from the tenants back from the LL, this means that I will pay him for the work done thus far inc sending the letter to the LL, he will have to charge me for any work he does from now on, but if that work is due to the LL not informing his tenants or any actions the tenants take against me then I can apply for costs and he made that clear to the LL in the letter.

The car driver was not the person who tried to park on my land before
but she complained a couple of weeks ago that my bin was in her way.

OP posts:
RenterNomad · 14/01/2014 17:38

That sounds like a shit-hot solicitor!

diddl · 14/01/2014 17:45

Hope it all goes OK.

Will be awaiting an update with interest!

limitedperiodonly · 14/01/2014 17:57

That sounds great - also the explanation about the costs.

My solicitor was good too. He explained to us when he should write us letters to my insane neighbour and do more involved work, which cost us a lot of money but was unavoidable, and when to ignore her or to do it ourselves.

He even cast an eye over the letters I wrote to her for nothing just to make sure I hadn't fucked it up.

Nice man. I really trusted him. He is now a kind of friend, but not really, because it's a professional relationship.

Sounds like you have a good one too - but I think lots of them are.

It's just that when you insist on people on doing unnecessary work, or work you could do yourself, then they'll do it and charge you, which is only fair.

One of the things that comforts me from this hell of her making is to think of the silly cow's legal bill.

nennypops · 14/01/2014 18:09

The problem with charging legal costs to the LL is - how are you going to enforce them if he doesn't pay? Surely you'd have to sue for them which will involve yet further costs, and it would be a small claim so you wouldn't get those costs back?

racmun · 14/01/2014 18:17

But it without a shadow of a doubt, you could then let it to the tenants yourself and make an income from it.

Are the tenants short term rental or people who have bought their flats? I suspect the former as this would have come up before now during their purchase.

I would avoid the possibility of the LL buying it although in theory you right of way would still affect the land you just don't want the hassle of him causing trouble.

limitedperiodonly · 14/01/2014 18:19

I agree nennypops. That does need to be spelled out. It was in my case. I presumed the OP's solicitor had done that. But maybe not.

I was thinking more in lines of people advising her to telling her solicitor to fire off letters or to receive them which is the way to a terrifying bill.

theladyrainy · 14/01/2014 18:26

I remember the last thread about the rude/entitled/bonkers tenants...didn't they film your BIL when he was fitting the parking bollard or something?
This thread is brilliant though.
The LL and those arsehole tenants will soon find out that in pissing you off they have made a huge mistake. Huge.

Inertia · 14/01/2014 18:29

Sorry you are feeling so ill.

I would really avoid letting anyone continue to use the land, regardless of potential income. You need to be completely unambiguous that it is now unavailable to anyone else.

RandomMess · 14/01/2014 19:04

Hope you're feeling better this evening now your ds is in bed!

StrainingWaistband · 14/01/2014 19:33

This reply has been deleted

Message withdrawn at poster's request.

SauvignonBlanche · 14/01/2014 19:42

Thanks for the update, sorry to hear you're feeling so rough. Flowers
I can't believe the cheeky mare, banging on your door about the bin! Shock