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AIBU?

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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:
Original poster
Mrsdavidcaruso · 23/01/2014 16:38

Mistle the LA thinks the LL is a twat apparently there are also huge problems with the other property

OP posts:
WillieWaggledagger · 23/01/2014 16:51

just read this thread - well done you OP i think you are handling this marvellously

the LA must be FURIOUS with the LL who has basically lied to them (breach of contract possibly??) and they are having to clear up the mess

nochipsthanks · 23/01/2014 16:53

Yay! well done.

which island are you on? [nosy, and jealous]

wetaugust · 23/01/2014 16:54

SO I can order the fencing I didnt do it before as I was a bit worried about the fall out but LA has made it clear they will be communicating with the tenants, they have not actually told the tenants that its OH and me who own the land but says it wont take them long to figure it out themselves but any problems to phone him.

Why do the LA feel they need to get involved with explaining to the tenants that you own this parcel of land? Confused exce? Ownership of land is a civil matter and ensuring you retain ownership by prohibiting others from using your land is your responsinility - not the LAs.

Can see the LA planning dept would need to be involved in any potential change of use request but not in a 'who can park where on private land'.

Morgause · 23/01/2014 16:55

Great news. At least the LA is a reasonable person.

wetaugust · 23/01/2014 16:56

Ahh! LA=letting agent (not Local Authority)

Joysmum · 23/01/2014 16:57

wetaugust the LA are managing the properties and this is a problem with the lets so of course the LA need to be involved as they are the LL's representatives.

Braganza · 23/01/2014 16:57

wetaugust the OP is using LA as an abbreviation for letting agent rather than local authority.

BlackeyedSusan · 23/01/2014 16:59

I hope the LA increase his fees for all the hassle.

zipzap · 23/01/2014 17:07

Draughts - surely the la is acting on behalf of the ll - having to explain that although the tenants were told that their rent included parking, actually it doesn't. And thus they need to stop parking where they thought they had the right to. He's not saying who the new landlords are because they are sorting things out on behalf of the incompetent/deceitful/thieving landlord of the flats rather than doing it for the OP.

The fact that the LA is a nice person and dealing in a nice friendly collaborative manner with the OP is just lucky and what happens when you have two decent people working in a civilised, collaborative manner.

Lj8893 · 23/01/2014 17:09

Ahh brilliant news!!

GrandadGrumps · 23/01/2014 17:10

Great news, I was very optimistic when I read that the LA was taking an interest - it's always better to deal with commercially-minded professionals who can cut through all the rubbish.

zipzap · 23/01/2014 17:10

Argh. Not only has long post meant I've cross posted with lots of people. But bloody autocorrect changed wetaugust to Draughts. Doh.

GrandadGrumps · 23/01/2014 17:12

I'd prefer a bit of a draught to a wet August anyway.

TheDoctrineOfSnatch · 23/01/2014 17:30

Yay OP!

eurochick · 23/01/2014 17:41

Re: the trespass issue, yes it is a civil matter and yes it does still exist. It's rarely worthwhile taking someone to court over it as in most cases damages will be minimal, but telling someone they are on your property without permission and therefore trespassing can be effective to get them to bog off. (Although that may not be the case here if the OP invited them over - it's not clear if they were on her land unauthorised before that but in any case, the authority to be there can be withdrawn).

I'm glad to see that the LA is being cooperative. That will be an enormous help.

VivaLeBeaver · 23/01/2014 17:48

Be interesting to see what happens on the 15th.

If any of the tenants came and asked you nicely would you let them park for a rental fee?

Apart from the cowbag who was rude to you of course.

Original poster
Mrsdavidcaruso · 23/01/2014 17:59

The Island is the Isle of Wight Nochi

OP posts:
Original poster
Mrsdavidcaruso · 23/01/2014 18:01

Viva - no I want to use the land for me me me - sorry for the tenants
apart from bin lady and the lady who was first told she coould park on my property most of them are nice

OP posts:
minibmw2010 · 23/01/2014 18:19

Somehow I don't think you'll have to wait until the 15th to hear off the LL or the tenants. Glad the LA seems to be on board.

RaptorInaPorkPieHat · 23/01/2014 18:32

Good news about the LA........... But, don't get sucked into believing they're 'on your side' and be careful not to be overly chatty with them, they still act for the LL even if they do think he's a tool. Stick to the facts, don't get drawn in by them.

PigletJohn · 23/01/2014 18:33

I thought it might be.

I can see IoW when it's going to rain.

MooseBeTimeForSnow · 23/01/2014 19:06

And presumably Piglet if you can't see it, it is raining? :)

Lambzig · 23/01/2014 20:08

OP glad you are getting somewhere. You are very generous with your timescales though.

thenicknameiwantedisgone · 23/01/2014 20:10

Oh good, that all sounds positive. Well done, I hope all goes to plan.