Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
OddFodd · 21/01/2014 18:33

Yep. Her legal threats were entirely without foundation but even though I knew that logically, it didn't stop the fear, especially on the weekend. I've just remembered that I used to sit in the dark sometimes so she didn't bang on the door. Christ Sad

In retrospect, I should have reported her to the Bar Council or something.

OddFodd · 21/01/2014 18:35

nenny - that's it! But I was just too frightened of her. I burned all her letters the first night I moved into my new flat (where my neighbours were lovely)

limitedperiodonly · 21/01/2014 18:35

nennypops has a point. It's worth a go at least.

BerylStreep · 21/01/2014 18:37

Oddfodd was she a solicitor or admin staff?

Mrsdavidcaruso · 21/01/2014 18:46

blimmin hell limited she sounds a nut job

OP posts:
Mrsdavidcaruso · 21/01/2014 18:47

Yes merrymouse he did - before that it was empty for ages and a nursing home before that

OP posts:
OddFodd · 21/01/2014 18:54

She was a trainee solicitor Beryl. Ironic really - when she moved in, I was really glad as there'd been a rather shambolic artist living there beforehand who'd occasionally have very loud and drunken dinner parties :o

Sorry - totally off-topic. Limited's story reminded me of how utterly psychotic some people can be when it comes to this kind of thing. MrsDC - you've been remarkably calm and measured I think.

merrymouse · 21/01/2014 18:56

What a scam artist. You're lucky he isn't trying to let your house out too!

limitedperiodonly · 21/01/2014 18:59

blimmin hell limited she sounds a nut job

Grin

I'm so glad we agree.

I'm going to try to stop hi-jacking.

CarolineKnappShappey · 21/01/2014 20:24

This thread just keeps giving!

nennypops · 21/01/2014 21:04

Seriously, Oddfodd, I'm now quite worried that that woman might have qualified as a solicitor. Has she? You can look her up here - www.lawsociety.org.uk/find-a-solicitor/?view=solsearch

Womnaleplus · 21/01/2014 21:27

Loving this thread.

OddFodd · 21/01/2014 21:38

Christ she has. She's a family and child law specialist Shock

AcrossthePond55 · 21/01/2014 22:04

Oh Dear!

mistlethrush · 21/01/2014 22:05

I would report her to the law society!!!

NorthernLurker · 21/01/2014 22:09

This thread is a great read! Well done OP.

OddFodd · 21/01/2014 22:11

I'm not sure I've got any evidence mistlethrush - I think I burned everything she ever sent me. It was years ago too - at least 15. Stupid of me

MiscellaneousAssortment · 21/01/2014 22:26

Oh I'm hanging on every word on this thread. So frustrating, it's moving at the pace of, well, of Real Life. I don't think I can take the anticipation, and the fear, oh the fear, what if we never find out what happens? Please OP, don't do that to me/ us!

RandomMess · 21/01/2014 22:45

Shock at the other neighbours from hell!

Kytti · 22/01/2014 03:04

lol just read the other thread - sooooo glad she's moved on!

OP - loving your updates! Keep them coming! :)

MintyChops · 22/01/2014 06:36

Well done OP and please let us know how the digging up and fencing in goes....

Richelieu · 22/01/2014 09:16

Shameless place-marking and a well done from me. Can't wait to hear what happens next.

Also, just read the whole thread mentioned above with the law student determined to build over the shared access in a Grade II listed house, armed with a budget of 2 grand and an unshakeable conviction of her absolute right to get her own way. Still picking my jaw up off the floor. God, I'd love to know what happened there, too!

Mrsdavidcaruso · 22/01/2014 11:01

OddFodd do you have a link to your thread

Anyway bit of news the letting agents are now involved, my solicitor has just rung me and told me that they are going to send the letters out today to the tenants (good news) but they want any correspondence to go through them and not the LL my solicitor has advised me (and I agree) to say no to that, as he points put the LL has already been informed that I would be looking to retrieve from the him any costs that I incur if I have to take action against the him or the tenants if there are problems getting my land back and to stop the parking.

If the LA get involved then I could be caught in the middle between them and the LL, he says its best to deal with the LL and it will be up to the LL to brief his LA, I said I assumed that if the LL is paying the LA to manage his property then the LA should be acting on his instructions ( I have never rented so don't know the dynamics) Solicitor agrees but will run it by one of his partners who deals with tenancy agreements on a day to day basis.

He is going to get back to me once he has had this meeting but at least things are happening.

On the plus side I haven't thrown up this morning and the sun is shining
so it could be a good day (touches wood)

OP posts:
Lweji · 22/01/2014 11:10

I'd really understand all this back and forth if the tenants had at any time rented this place lawfully, and the LL had owned the land at any time. Or if there was anything permanent in that land that they had put in.

As it is, I'd simply be putting a fence and putting notes on the parked cars that by day X they should be out or they'd be locked in the property by the fence and would have to pay any costs to be removed.

Egusta · 22/01/2014 11:13

In reference to the other thread with the fly grazing I recommend that you turn your parking space into a little mini wildlife meadow. :)