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

[limitedperiodonly]

OP posted in Legal Matters at first.

She's taking legal advice. I guess she'll be guided by her solicitor about who to inform.

I was a bit alarmed at her old thread by the number of people who advised her to get her solicitor to write to everyone and then charge them.

IME if you ask a solicitor to do something she or he will do it and charge you. It's wise to check whether you can claim it from the other people and how realistic the chances of recovery will be.

I'm a veteran of a hideous neighbour dispute. My solicitor advised me not to get him to fire off letters. He's great but I like to think that is the norm. Her solicitor either couldn't convince her or wasn't as scrupulous as mine.

One of the things I comfort myself with, apart from the fact we won, is imagining her legal bill. Mine was quite big too. Pointlessly, but some of it couldn't be avoided because of her.

She was a dabbling LL with an invented boundary dispute that kept morphing too.

Which is why I'm saying, along with everyone else: CALL YOUR SOLICITOR AT 9AM ON MONDAY OP.

[FracturedViewOfLife]

Another buy it from me.

[SauvignonBlanche]

Buy it!

[DramaAlpaca]

Definitely buy it!

[limitedperiodonly]

OP, don't worry about talk of acquired rights.

As I said, I'm not legally qualified. And neither is anyone else on this thread AFAIK.

I was freaked, as in being unable to sleep for the whole weekend, when my neighbour sent a solicitor's letter claiming them over my garden. This would have involved her traipsing through my house like it was a National Trust property whenever she felt like it.

It was nonsense. Though I have to congratulate her solicitor on his sleight of hand.

My solicitor talked me down from a ledge on Monday morning by saying it didn't work that way. It was a 10 minute call. Which I had to pay for.

I'm not saying my situation is the same as yours. I'm just telling you to talk to someone who knows. But you're doing that.

Please update though. Stuff that LL. And please update when you can.

[FairPhyllis]

Buy it fgs buy it!

[shoom]

I remember your thread about the parking spaces.

If you don't buy it, you know the LL will. The LL who uses land even though he's aware it's not his. You must buy it or move away - he'll cause no end of problems if he owns it.

[FunnyFestiveTableRunner]

You would be insane not to buy it. Properly insane.

[EricNorthmansFangbanger]

Buy it!

[WitchOfEndor]

Buy it! Make sure you have copies of all the relevant paperwork to hand in case things do kick off. They are just tenants though, they aren't going to be there forever and with any luck the lack of parking might tempt them to look for somewhere else to live.

[ISeeYouShiverWithAntici]

Oh yes, id buy it.

tbh, partly as a great big fuck you to the ll and stroppy tenants, if I am being honest.


I am aware that does not cover me in glory

[Geckos48]

As for the parking, quite simply you put up a sign saying 'private property, any vehicles will be clamped and then when they have moved their vehicles you can begin work.

[Mrsdavidcaruso]

WOW thank you everybody - yes I am going to buy it I have been round to see the freeholder this afternoon and got a history of who used to own both houses and how the land was divided up and looked at old pictures. Fascinating stuff.

I have already sent my Solicitor an email and will follow up with a telephone call on Monday

Thanks again to everyone I thought I might be UR as it will seriously affect the tenants even though a couple of them have been very nasty.

[FeelingGrinchy]

I can't believe the cheek of the LL, renting out parking spaces on land that doesn't actually belong to him! First on your land and then on the land that belongs to the other freeholder.

I'm glad you've decided to buy it.

[BakeOff]

Good decision. Let us know how it goes.

[AcrossthePond55]

I'm in the US, so this may not be applicable. As today is Saturday I assume you'd need to wait til Monday to actually buy the property (secure the funds & record the deed, or whatever you do in the UK). If it would hold weight in the UK and you can contact the seller, I'd draft an 'intent to sell/intent to buy' letter and both of you sign it today. We have them here, they lock in the price and a time frame for the deal. They are pretty simple and we used one once. It was just "I agree to sell for XXX/We agree to purchase for XXX. This letter is binding for XXX days." It stopped the seller from selling out from under us for a better price, yet gave him the 'out' if we didn't come through with the money in a reasonable time period.

[Nerfmother]

Think carefully before you decide to rent out spaces - there are possible tax implications (depending on other information not to hand) on the income, and also the use of part of your property for business purposes could have an impact on your residential use (ie no capital gains tax when you sell a main residence). Obviously there's lots more info needed to see if there would be an impact so that's just a 'bear in mind' bit of info.
Disclaimer- holds tax qualifications but currently working in a different industry.

[Geckos48]

I don't think the op intends on renting out the space, she wants to allow her husband to park there and make the garden bigger.

[RenterNomad]

Hurray

[limitedperiodonly]

Fantastic news OP.

I may be as overly invested in this as only someone who's had a neighbour from hell can be.

Get them, before they get you, would be my non-legal advice

[Nerfmother]

It's just been suggested loads Geckos, but people don't seem to ever add that it's not that straight forward. Might be useful anyway .

[WandaDoff]

A Unanimous AIBU

That almost never happens.

[MooMa1d]

Buy it, sooner rather than later to make sure it's yours!

[SoupDragon]

the use of part of your property for business purposes

Wouldn't they be two separate properties unless specifically joined together on the title deed?
Not that it matters, I'm just curious.

[asandwichshort]

As one who's family has had some real "problems" regarding tenants/landlords , purchasing land, rights of way and access etc - some real arseholes out there!! I say get it bought before the seller re thinks and realises he could have a bidding war between the two of you. Just do it quietly and carefully without alerting anyone who could put a spanner in the works. Once its signed and sealed you have the upper hand, now and in the future. Good luck!!