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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:
limitedperiodonly · 04/01/2014 13:33

Just had a nose at your previous thread. What horrible people - the tenants and the twisting LL.

My sister could have had a major problem when she learned that she owned the parking spaces but not the right of way to them.

Her lovely neighbour sold it to her for a token £1. It was real luck because the neighbour moved and the new one is trouble.

EeyoreIsh · 04/01/2014 13:37

Buy it!

Lemongrab · 04/01/2014 13:38

Buy it. The tenants parking is not your problem.

FourAndDone · 04/01/2014 13:46

I certainly would buy it. Is your solicitors office open? Ring NOW!!!

TheRobberBride · 04/01/2014 13:46

Buy it.

Groovee · 04/01/2014 13:48

I'd buy it. It's not really your issue if the tenants have nowhere to park as it's their landlord who's been a scheming rat.

specialsubject · 04/01/2014 13:48

buy it. If the tenants don't like where they live they can shift at a month's notice. Plenty more places to rent.

you could offer a deal for them to park, but as they are abusive why would you?

AllOverIt · 04/01/2014 13:53

Buy it!

RenterNomad · 04/01/2014 13:54

It sounds as though you either get a bit of aggro that you are legally protected against (by owning the land) OR get years of harassment, and lose money, without having a legal leg to stand on.

This LL is bad news for you and the tenants (though the ones who gave you gyp before weren't particularly charming, IIRC). Don't allow him any power here.

coco44 · 04/01/2014 14:04

I think he will play you and the LL off against each other to be honest.I would be very surprised if he hasn't also approached the LL offering to sell it to him too.
Also check with the planning dept that there will be no problem with you changing its use from parking to garden.

JackNoneReacher · 04/01/2014 14:05

I would buy it.

Tenants may be upset for a while before they move. The alternative is you could spend many years regretting not buying the land and finding your house is devalued by whatever happens instead.

I'd consider letting the spaces to the tenants for a few months while I got planning permission for whatever I was going to do. But I'd discuss this with solicitor first in case there were any implications.

UptheChimney · 04/01/2014 14:07

I remember that thread!

Buy the land, buy the land, buy the land, buy the land, buy the land.

waltermittymissus · 04/01/2014 14:10

Buy it quickly!!!

And say nothing about it to anybody until it's signed a a sealed!

DameDeepRedBetty · 04/01/2014 14:12

Always always always buy land - my answer before I even read the rest of the thread.

And even more so if it gives you any sort of extra leverage over twunt LL of next door.

thenightsky · 04/01/2014 14:14

Another vote for 'buy it, fast'. First thing Monday!

IHaveSeenMyHat · 04/01/2014 14:20

I remember your other thread, and the landlord renting out your land as a parking space to the tenants.

Buy the land!

WorrySighWorrySigh · 04/01/2014 14:21

Buy it. The tenants will move on anyway. The next time the LL lets it will have to be without parking. His problem not yours.

IDontDoIroning · 04/01/2014 14:21

Buy it. Why should you be bothered about ll and his tenants parking problems?
He clearly wasn't bothered about causing you problems when he rented out land he didn't own (making £ in the process too)
Your responsibility is to you your dh and dc, you have no obligation to ll or tenants and I would be wary of putting in place anything to continue the arrangement as they nay gain some ongoing rights.
The tenants could and may give notice at any time for a place that's bigger/cheaper/ better parking etc etc...

PigletJohn · 04/01/2014 14:22

buy it.

Get some builders to deliver large bags of sand and aggregate and some pallets of bricks to block access, and start digging it up so that cars can't be driven on it, as quickly as possible. A digger can do this is a matter of minutes, and can work on rough, muddy ground.

Subsequently you can fence it, turn it into a garden etc, once they have got used to the idea that it is not theirs and they have no access.

SoImpatient80 · 04/01/2014 14:27

I have to admit, I would buy it, very quickly and very quietly!

Anyone got a link to OP's previous thread? Not sure how to search for peoples pass threads? Thanks

SoImpatient80 · 04/01/2014 14:27

*past not pass

redexpat · 04/01/2014 14:28

OP I've never seen a more unanimous thread!

mateysmum · 04/01/2014 14:28

You have your unanimous answer OP!

Farrowandbawlbauls · 04/01/2014 14:32

Buy it and use the land to park on it yourself. You will no longer need to rent garage space then and that leaves it open for the arse of a tennant.

UptheChimney · 04/01/2014 14:34

The reason to buy it is pretty clear: you've already had difficulty and expense in maintaining access to the land you already own. Imagine if you had to rely on the LL for access? If he bought it, you'd be utterly screwed.

Buy it, buy it, buy it.

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