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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:
FairPhyllis · 02/02/2014 08:58
olympicsrock · 02/02/2014 09:21

Brilliant. Well done DH!

Lweji · 02/02/2014 10:19

I'd only be upset with him for doing it before me. :)

FairPhyllis · 02/02/2014 11:08

When the word gets out you will probably get tenants coming round trying to wheedle parking space out of you.

I do like how bin woman and the other unpleasant tenants have been the authors of their own destruction. If they hadn't been so unreasonable you probably wouldn't have looked into the land's ownership or thought about buying it.

Lambzig · 02/02/2014 11:13

What fast thinking. I suppose it had to come out at some point. My concern is that they are going to bombard you with requests to park there or carry on parking there as 'it's just you'. When they thought it was some faceless owner they were probably more concerned.

PigletJohn · 02/02/2014 11:35

once it's been ploughed up, and the trench dug for the wall or fence foundations, they won't be able to.

Lambzig · 02/02/2014 17:59

Very true, this sort of thing makes me so nervous.

MintyChops · 02/02/2014 18:56

Ha ha ha, fabulous! Would love to have seen her face.

GlaikitFizzog · 02/02/2014 21:52

Oh, I have to de lurk! That's a fab turn of events!

prettybird · 03/02/2014 15:04

I too am delurking to say how much I am vicariously enjoying this thread. :)

MrsAMerrick · 03/02/2014 16:41

So glad there's been an update, I was dying to know what happened. Love your OH's response! keep us (fence) posted Mrs C.

HeadfirstThroughTheTimeVortex · 03/02/2014 17:53

Brilliant, have you heard anything since the revelation?

YuccanLiederHorticulture · 04/02/2014 07:58

I so hope that this thread doesn't reach 1000 messages before the OP has the fencing up around the lovely big new garden...

pixiepotter · 04/02/2014 08:15

have you checked this change of use with your Planning department?

Pooka · 04/02/2014 08:21

Unlikely planning permission would be required to use existing parking ancillary to residential dwelling/flats as garden/parking ancillary to existing house (op's house). There isn't really a change of use here unless the land in question is demarcated on a plan/permission for the use of the flat building as parking related to that building. Which wouldn't be the case since the land in question was not in the ownership/control of the flats site.

mistlethrush · 04/02/2014 09:28

Pooka - it could have been included in the planning application and the ownership not made clear. Height of the fence might be an issue though - GDPO says 1m adjoining a highway is OK. You might want to check that with your local Planning Department.

nennypops · 04/02/2014 09:33

Bit worried that he has told her, isn't it buying trouble before you need to?

Pooka · 04/02/2014 11:15

True about the fence.

But if the ownership of the land was not clear or was fudged, then that would surely nullify the planning consent for the flats rather than preventing the op from using the land similarly for purposes related to a residential dwelling?

If the flats were converted some time ago, of course they may not even have permission although would have deemed consent by reason of longevity.

Definitely worth checking out re: the fence/to make sure there aren't planning issues.

mistlethrush · 04/02/2014 11:23

Pooka - I agree completely - it doesn't stop the 'making it into garden' being perfectly reasonable but does make the planning consent for flats questionable if that land was included and wasn't part of the ownership.

Pooka · 04/02/2014 12:46

Yes, exactly! An issue for the landlord - would be interesting to see whether he fudged the application (if there was one and it wasn't a conversion on the sly).

HansieMom · 04/02/2014 13:56

The plot thickens!

OnIlkelyMoorBahtat · 04/02/2014 15:01

I'm delurking as well to say am loving this thread and more power to your elbows Mrsdavidcaruso and Mr Mrsdavidcaruso Flowers

AcrossthePond55 · 04/02/2014 17:21

Just marking. (sheepish grin)

SquinkiesRule · 04/02/2014 19:03

LOL just marking my spot, well done to Dh for telling the bin lady.

siilk · 04/02/2014 19:15

I am also delurking to say what a man!!

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