To buy this land and risk upsetting the tenants next door

[Mrsdavidcaruso]

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

I would like to know whether the tenants regularly all go to work in their cars - if so, surely the answer is to erect a fence around the area (if you're under the English Planning System you can put a 1m one up on the highway boundary under the General Permitted Development Order) and then you can get them on criminal damage if they take it down to park there.

Apparently even a bin would do, as they wouldn't move it themselves.

Apparently even a bin would do, as they wouldn't move it themselves.

Lweji I will point out thelaw change to DH!! To be fair its a few years since he came across something similar. Sorry OP, bad advice. Whoops.

Well I am sitting here shaking but not sure if its with anger or laughter.

Just looked out the window the the little boy in his dads suit is outside again along with some woman taking photos of the area, so went out to talk to them, I was in my front garden and called them over, I told them that as I was aware that they now knew officially about the problem they are aware its my land and they need to come and speak to me before taking photos.

As I said this my DS came running out chasing the puppy and it was a bit chaotic for a bit, then the women leaned round me took a photo of my garden AND my child.

I was like WTF???? I literally grabbed her arm and demanded she deleted the picture of my child NOW, I was actually furious and she was taken aback and did delete it, I picked up my DS telling them I was going to lodge a complaint.

My DS then looked at her and said in a very loud voice COW, I don't why he said it , there were no cows about and he doesn't have a toy one that he was asking for, but I admit it very funny (out of the mouths of babes etc)

When I calm down a bit I am going to call the LA and have a go at them, and give my DS a biscuit treat for being a clever boy

Well done MrsD's DS!

Yes, lodge a complaint - I hope they deleted the picture of your garden too?

Excellent! They do say that children are often the most honest about such things! We had a similarish situation when we hadn't been in our house long. The house next door was up for rent, we own (this is relevant!), the estate agent/LA was showing a couple round the house. They were then stood outside, as I was 'working' on our garden, when the couple asked about parking.

They said they had 2 cars and would they be able to park one outside our house?! This was addressed to the LA and not me, btw. We all own the parking bay outside our house, as it is a private/unadopted road and a very odd situation (also means we must maintain 'our' bit of the road). The LA responded that that would not be a problem. At this point I chipped in and told them in no uncertain terms that that would not be 'ok'. The LA then responded that they had spoken to my landlord who had given them permission! I asked them to confirm this, they did. And I then told the couple that they were showing around that we did not have a landlord and we owned. They disappeared pretty quick, obviously felt they could not trust the LA. Did complain to agency but never got any apology.

Did they say why they were taking the photos?

Although I guess as you now own the land, there shouldn't be any valid reason for them to take photos of it.

I hope the LA are suitably apologetic when you call them.

You are so patient! I'd have gone out and told them to get the fuck off my land RIGHT now leave!

Looks like someone (LL) is gearing up for a dispute.

at your son.

This sounds so familiar - even down to the shaking with rage part when I confronted people doing something similar.

When you've calmed down, speak to your solicitor for his advice and do whatever he says. Maybe he'll tell you to contact the letting agents or maybe he'll do it.

It sounds like you've done everything right and it's your land so there's nothing they can do.

If you see them there again, try to ignore them and speak to your solicitor.

The cost of it is annoying though. That's familiar too.

Ignoring them is easier said than done. I wouldn't have followed my own advice back then . It's just that these people are winding you up when it sounds like you've won anyway so try and bear it in mind.

I think they can take pictures btw. Don't know why they want them though. I'd try not to get wound up by that either - again, easier said than done.

Good luck. They're just an irritant and will have to go away and fairly soon, by the sounds of it.

I think it is time to get a fence up, actually.

I think you need to get a fence up pretty soon.

Yep get a fence up and make your property inaccessible, make sure any access points can be locked by you as well.

Why would they think they can take pictures of your property?

My DS then looked at her and said in a very loud voice COW, I don't why he said it , there were no cows about

I just LedOL at the " there were no cows about".

Are the cars there ATM, or during the day, even?
Because I would really erect a fence and put a notice asap.

I'd assume the LL can do whatever he wants. You'd not even need a solicitor if it goes to court. All you'd need was the deeds to the property, case closed.
If people start using it, you can call the police for trespassing.

Yep, get a fence up sharpish. Its your land and you can do whatever you like with it.

Your ds is amazing!

What were their reactions when your DS said 'cow'?

Have the letters gone out to the tenants yet? I do think you need to take some action such as notices or digging up the area. While you are being cautious, others, including the LA are behaving as if you are a small problem that can be got around. It does sound like the LL is going to fight it and the will argue what harm is it if the area technically still looks like parking spaces.

Speak to your solicitor, but it sounds like something needs to be done now.

Remember that assuming they accept that the land belongs to you they then have quite a big dispute to settle with their landlord and will probably wish to gather information to support their claim against him. (Or they could just be nut jobs).

Also, the tenants may have a claim against the letting agents if they sent out false information.

Again, I am really suspicious that he has also broken planning laws somewhere along the way as I can't believe that you can convert a building for multiple occupancy without detailing parking. Also, whenever you look at planning applications on line (I used to love checking out other people's loft conversions) the property boundaries are usually marked on a map.

Love your ds! That's brilliant

I'm thinking you need a fence ASAP. Your solicitors shit hot though so she'll be best placed to advise. I feel the rumbles starting.

Have a nosey around the planning permissions archive of your local authority website. Or ring someone up. Our department has been very helpful to us when one adjoining landlord has taken the piss.

Only just found this thread.

Shameless place marking. I do love a good parking issue.

I think you ought to be tearing strips off the LA for taking photos of your land. Please tell me you are going to go ballistic over this, please.

Did they say anything ?