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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:
lalamumto3 · 21/01/2014 11:43

Fingers crossed it all goes smoothly from now onwards. Hope your feeling better today and thanks for the thread.

Slatecross · 21/01/2014 11:47

This is the best parking thread ever! Legions of women are gasping for a scrap! It's like the build up to the fight in Rocky!!!

BaronessBomburst · 21/01/2014 12:02

settles back to await pictures of sweaty half-naked men

NewYearDifferentName · 21/01/2014 12:15

Having invested half my morning to reading this thread (and with two more to read that have been linked to in this one) I just have to place mark to keep up with the ongoing saga.......

ChasedByBees · 21/01/2014 12:23

Oooooooh I love that update!

MerryWinterfel · 21/01/2014 12:27

I hope it all goes well from now on. You may find the tenants move on quite quickly once they don't have parking any more.

SlightlyDampWellies · 21/01/2014 12:40

placemarking also. :)

enriquetheringbearinglizard · 21/01/2014 12:43

Despite goodness knows how many threads that prove me wrong, I still get amazed at how aggressive, rude and confrontational people can become when they're in the wrong and the cheek of people like the LL.

I'm so glad you got the land Mrsdc.

Lambzig · 21/01/2014 12:56

Thanks for the update.

I imagine at some point you are going to have to block off access to these parking places. The tenants sound horrible, but if they are paying for parking then they aren't going to believe the solicitors letter.

I can imagine them phoning the landlord, him telling them just to carry on parking there and then them happily dismantling any fence or barrier you have put up.

I second others advice to put up notices when letters go to tenants saying that this land has been acquired and parking is no longer permitted.

Morgause · 21/01/2014 13:00

Delurking to vote for notices.

SlightlyDampWellies · 21/01/2014 13:04

I also vote for notices.

thenicknameiwantedisgone · 21/01/2014 13:10

Interesting. I would assume he's been sent there to have a look because of what has happened, but it appears not if he didn't have a clue. Mmmmm, I wonder what will happen next.

Pipbin · 21/01/2014 13:12

May be he was sent to look, but not told why. It sounds like he was the YTS (showing my age there)

Logg1e · 21/01/2014 13:12

I wouldn't vote for notices. The OP has won. Now she can be magnanimous.

I'm unclear on the time frame. Wasn't it a case of OP's lawyer writing to the tenants after a certain period of grace?

Is anyone still parking on the land?

enriquetheringbearinglizard · 21/01/2014 13:19

Why not ring the Agent and ask for the senior partner or manager, then enquire what the representative was doing looking at your land/parking area?

Let them tell you what they understand to be the situation and then if necessary correct them.

Morgause · 21/01/2014 13:21

I want notices!

Hersetta · 21/01/2014 13:21

Shamefully marking my place.

Well done OP. I'd love to be a fly on the wall when crazy bin lady finds out that a bin blocking her car was the least of her problems!

RealAleandOpenFires · 21/01/2014 13:26

I would still inform the Taxman about the extra cash though just to twist the knife, further as it were Wink

AnneEyhtMeyer · 21/01/2014 13:32

I would not have been so patient. I would have followed PigletJohn's advice and had it all dug up and building materials dumped on it by now.

I am so glad you got the land, OP.

PeterParkerSays · 21/01/2014 13:36

I would presume that a tenant had left and he was sent out to do a write-up of the place to advertise for a vacant tenancy. The poor sod was probably working out how many cars would park in that area when you turned up and spoiled his fun. You were more discerning than me though. I'd have just told him that the tenants can't park there, not referred him to the letting agents.

Oh, and I don't think your solicitor has to contact the letting agents, as this is between you and the landlord, so nothing to do with them until someone complains that they were let a flat with off-street parking, which has now been revoked.

ohhifruit · 21/01/2014 13:42

This gon' be gooood.

RenterNomad · 21/01/2014 13:42

You may find the tenants move on quite quickly once they don't have parking any more.

It could be as much as a year, if a lease has only just been signed!

littledrummergirl · 21/01/2014 13:44

Good luck op. Marking my place. Im new to this and still learning.

Damnautocorrect · 21/01/2014 13:55

It could have just been a general mid tenancy inspection. Brilliant, love this thread.

If the LL has supplied the property with parking and that's then removed, I would assume the tenancy would be void????? That's an assumption though.
I can't get over how flaming rude the tenants are, I'd never speak to someone like that! We rent and our neighbour owns and is vile because we rent, but I'm still pleasant to her.

RenterNomad · 21/01/2014 13:59

Even if the tenancy were void, there would no doubt stil be some legal argy-bargy for the tenants to go through before the LL let go, wouldn't there? For a start, presumably they all paid a deposit!