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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:
diddl · 20/01/2014 13:26

So LL should have respondedby today?

Bet he leaves it up to solicitor to tell the tenants.

Hope the letter starts with

"As your LL has told you...here is confirmation that..."

TheDoctrineOf2014 · 20/01/2014 13:45

OP, you are ace.

Kelpie1975 · 20/01/2014 13:45

Marvellous thread, marvellous result.

TheOneWithTheHair · 20/01/2014 14:41

Just skimmed the thread. Well done op.

MrsAMerrick · 20/01/2014 16:42

Marking my place, dying to know what happens

IrisWildthyme · 20/01/2014 19:04

Like diddl said, the letter to the tenants should definitely include "as your Landlord was asked to communicate to you some time ago" or somesuch to make it very clear that any disappointment they feel about insufficient notice is very much their Landlord's fault.

Jux · 20/01/2014 23:21

Well, I hope the LL tells them, but I wouldn't be surprised if he didn't. Furthermore, I wouldn't be surprised if they ignored any solicitor's letters telling them, and simply carry on parking where they like (probably think it's their space anyway so who cares who owns it).

I think you will have to post a notice yhrough their door and also on the fence/wall on the space itself notifying them that it is no longer available for parking, and then arrange to render it unusable asap.

Good luck.

AchyFox · 21/01/2014 01:07

You can have a street-party to celebrate.Wink

LeafyGreen13 · 21/01/2014 02:05

I think calling the LL a dick is a huge understatement. What kind of person rents out land that doesn't belong to them?

AcrossthePond55 · 21/01/2014 04:52

shameless place marking. nothing to see here, move along please.

MadIsTheNewNormal · 21/01/2014 05:14

I'd buy it like a shot. Don't worry about the tenants, they are only tenants and may not stay long term anyway. If it puts them at that much of an inconvenience they can move. You can always allow them to continue parking there but only for as long as it suits/financially benefits you. I would agree to let each of them continue the arrangement to the end of their existing tenancy agreement and then they can take a view on whether to stay or go.

It sounds as though the LL of the big house has either been badly served/advised by his solicitor when he bought the property, or he knows very well he doesn't own the land but he's winging it.

The rental value of the flats will drop significantly if they do not come with ample parking so you could lease the space back to the LL and he'll not have much choice but pay you. Name your price. Grin

There are too many fingers in this pie - you, the freeholder next door, the freeholder of the big house, the LL and the tenants. Anything you can do to secure your own position can only be a good thing, otherwise you risk someone else buying the land and making changes that affect the value of your property negatively and there will be little you can do about it.

Buy the land. But a second opinion on the value of it from a surveyor and the lawyer first.

Shonajoy · 21/01/2014 05:49

Buy it. The owner whose tenants park will not be half so keen on tenting and this may cause the landlord problems and he may sell. It'll be easier then starting afresh.

mistlethrush · 21/01/2014 07:12

Why don't people read the thread! Its moved on!!!

NicknameIncomplete · 21/01/2014 07:23

OP HAS BOUGHT THE LAND

merrymouse · 21/01/2014 07:47

Wheel clamping on private land isn't legal anymore, otherwise you could have recouped some of your legal fees that way...

Jux · 21/01/2014 08:36

If you were a company and had just bought land which had been being used by all and sundry prior to the sale, you would put uncompromising notices up and fencing as soon as the sale went through.

If you were a small company or sole trader who bought some land which had been being used by all and sundry prior to your purchase you would put notices up as soon as the sale went through, and fencing if you could afford it.

Why would it be different if a person buys it? It isn't, it's exactly the same.

The notices don't have to say who bout it, simply that there has been a change of ownership and is no longer available for use.
We found ourselves mixed up in a parking issue where some twat put his car in front of our house on our drive in such a way that we couldn't use our front door, and they told us that parking across someone's drive (not what this guy was doing btw) blocking someone in is OK, but blocking them out is not, and they will act then. So if a tenant parks on the land thus preventing you gaining access to it, hten that is an offence.

VivaLeBeaver · 21/01/2014 08:42

Yes stick some notices up.

The landlord may well just ignore the situation, not tell the tennants and hope it all goes away.

Lweji · 21/01/2014 08:42

My thoughts exactly.

TimeToPassGo · 21/01/2014 09:06

You need a plan OP in case LL weasels out of telling tenants.

ThePearShapedToad · 21/01/2014 10:30

How's it going op?

Any chance to send a gleeful smile at the tennants yet?? Grin

BaronessBomburst · 21/01/2014 10:48

YABU.

Well, I had to type something to mark my place! Grin

DameDeepRedBetty · 21/01/2014 10:53

Oh Baronessyou've ruined it! All the way to 447 posts with absolutely no-one saying yabu!

If you didn't outrank me in Debrett's I'd chuck a Biscuit at you! Grin

GhostsInSnow · 21/01/2014 11:03

Would love to see their faces when the letter drops on their doormat Grin

Original poster
Mrsdavidcaruso · 21/01/2014 11:39

Well things are happening came back just now and there was a young guy (looking like he was wearing his Dads suit) poking around the parking area when I asked him what he was doing he told me ' I am the agent for your Landlord' I explained not my landlord I own the house down there and this land, your client should have had a letter from my solicitor - he looked puzzled and ask me to explain - I told him to speak to his client - he have me his card which is a letting agency on the Island and I have just emailed the details to my solicitor.

It may be that as the letting agent he was inspecting the property and knows nothing about the land, if so hopefully his company will speak to the landlord, if not I will get my solicitor to decide if he needs to contact the letting agent

OP posts:
DameDeepRedBetty · 21/01/2014 11:43

The plot thickens...