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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbours selling our land.....

217 replies

willfuckformichilenstarfood · 16/11/2017 18:00

So we purchased a house 18 months ago...... it came with 2.5 parking spaces, both on our (one space is half in our boundary and half in next foors) the deeds are very vague about this space. Both our deeds

OP posts:
Original poster
willfuckformichilenstarfood · 17/11/2017 00:57

It wasn’t mentioned at my exchange, purely because they pulled both deeds and they both say the same & boundary is nose to nose. Everything made sense, sellers said it was shared. No reason to doubt it.
Also looking at the floor plan they have latched onto our rear extension (not party wall) and adopted the space (about 10 inches) Although it was the previous owner to them that did the work. I’ve known this for a while but now it is in black and white on the floor plan. Just backs up the argument at the front I guess. Short of knocking down our extension and rebuilding it were not going to get that back so we’ll compensate with a parking space.

OP posts:
shakingmyhead1 · 17/11/2017 01:07

Also looking at the floor plan they have latched onto our rear extension (not party wall) and adopted the space (about 10 inches) Although it was the previous owner to them that did the work. I’ve known this for a while but now it is in black and white on the floor plan. Just backs up the argument at the front I guess.

I think you need to get your lawyer type person to look at this and get it sorted out officially and put on paper or this will come back and bite you in the ass later and isnt there something about using land for an amount of time and being able to just take it? so get it sorted out!

SoupDragon · 17/11/2017 07:15

Short of knocking down our extension and rebuilding it were not going to get that back

You could put up a fence.

Original poster
willfuckformichilenstarfood · 17/11/2017 07:47

They have attached their brick extension to ours so unfortunately can’t put a fence up 😩

OP posts:
MissMisery · 17/11/2017 08:51

SoupDragon Bahaha!!! Good spot and first laugh of the day ta x

PiffleandWiffle · 17/11/2017 09:27

Surely they're only classed as "parking spaces" because of the paint lines? You still own the land no matter what is on it. The actual boundary of your property will always be through the middle of the middle space.

If, for example, you decided to get your bit brick paved, the neighbours would end up with 2 1/2 tarmac spaces unless they got their lines repainted....

SoupDragon · 17/11/2017 09:31

They have attached their brick extension to ours

I misread your post the first time but I can see that's what you said now. That's bonkers!

moralberyll · 17/11/2017 09:33

I would get all of this mess sorted ASAP as if you ever want to sell your own house it sounds like any potential owners would run a mile! What a mess.

MiddleClassProblem · 17/11/2017 09:33

Yes, is there anything preventing you chucking a few pot plants on your half?

DingDongDenny · 17/11/2017 09:50

Surely if they have built on your land at the back, without permission their extension is illegal

I'm not suggesting you go to war here - it's hardly worth it. But could you negotiate the other half of the parking in exchange?

Disclaimer - I know nothing about property law

InvisibleKittenAttack · 17/11/2017 10:36

I suggested assuming it's a mistake because talking to the neighbour first would get you a good idea of how they reacted, if they go "oh no, really? thanks, I'll speak to the estate agent and clarify it's shared." then there's no bother. If they start getting evasive or arsy, then you know to start involving solicitors and putting up fences. But I'd check it's not a mistake easily fixed with a friendly chat, before doing something that costs money!

Re putting up a fence, it might be worth checking if you are allowed to deny them access to your part of the shared bay? If it's shared, then they might have access rights if it's meant to be a 'free' bay for visitors and deliveries etc. Don't do anything drastic without checkign it's not going to come back to bite you.

Jux · 17/11/2017 11:01

Why on earth are you letting them steal land from you at the back too? FHS, grow a backbone and sort it out. In 20 years it’ll be too late. When you come to sell, you’ll have all the disputes against you and holding things up. Sort it all out now.

The parking spaces are defined as such by you and neighbour, but it sounds like in law the spaces are irrelevant and the boundary hasn’t moved. Just because some sales details say 3 spaces doesn’t make it 3 full spaces, they have 2 full spaces and another space which isn’t big enough for a car. In a twisted EA world that may mean 3 spaces.

zzzzz · 17/11/2017 11:25

This reply has been deleted

Message withdrawn at poster's request.

nooka · 17/11/2017 16:20

Was the encroachment at the back not picked up when you purchased? If there is a boundary between your back gardens does it follow the party wall line or the extensions? 10 inches of house seems a lot more of an issue than how a parking spot is described. I really think this is for solicitors to resolve.

Justbookedasummmerholiday · 17/11/2017 16:52

Clean out your spare room - they will be inviting their relatives to stay in it over Christmas if you don't woman - up!!

Kc1009 · 17/11/2017 17:41

I'm settling in with some popcorn at the ready.

lubeybooby · 17/11/2017 17:45

fgs stop dragging it out trying to have a long viral thread and walk a few steps next door to sort it out with the neighbour. They are not going to come to you. Nip it in the bud now or regret it sorely.

Doodlesplodge17 · 17/11/2017 17:46

Any update OP?

Iamagreyhoundhearmeroar · 17/11/2017 17:48

How was the fact that they've done a land grab at the back of your property not picked up by the surveyors when you bought the house??

iMogster · 17/11/2017 18:06

I'm confused about land grab at the back. Back diagram please.

Autumnchill · 17/11/2017 18:07

We had this in a courtyard. We were lucky as we had a garage but several didn’t, just an unallocated space but over time they all had their favourites until next door moved out and new neighbours decided that where No 8 parked would be there space. Caused loads of arguments between No 1 and No 8.......No 1 won. He was old and determined 😀

OnlyGlowingSlightly · 17/11/2017 18:07

How long ago did they put up the extension? If they have used the land without permissoon for more than 12 years they already have the right to it and can ask for the land registry to be changed. Look up 'adverse possession'.

If it's been less than 12 years, act now!

You probably don't want them to actually take down a whole extension, but asking them to buy that land from you officially would be entirely reasonable. And if you wanted to make a condition of the sale that they sold you their share of the parking place for the same sum, I expect it would be hard for them to argue...

Just make sure it's all official and the land registry is amended.

Katherine2626 · 17/11/2017 18:08

See your conveyancing solicitor at once - this is what you pay them for, to do searches to ensure that you won't fall flat on your face with anything like this, and to clarify exactly what you have bought.. Move quickly - if this sudden change of arrangements gets written into a new contract with a new buyer you could find yourself fighting for what is yours and spending lots of money.

purplemeggie · 17/11/2017 18:15

Go and speak to them and if they still insist that the third parking space is solely theirs, ask who is acting for them in the sale. Get your solicitor to write to their solicitor and say that it is your position that the space is shared. The Sellers' Property Information Form, which has to be filled in during the conveyancing process, asks if there are any dispute with neighbours and it is an offence to say there is no dispute if there is one. You need to make your position absolutely clear so that the person coming in knows the score. Otherwise, they will buy under the impression that they have 3 spaces and the dispute will escalate.
Ideally, your solicitor and your current neighbours' solicitor would draw up an agreement for use of the space now. If that can't be achieved, try to start the relationship with the new neighbours on a good footing and get an agreement drawn up with their solicitor. Register it at the land registry against both titles and then the matter is settled for the future.

jayne1976 · 17/11/2017 18:16

That car space doesn't belong to either - it's not a car space just a bit of extra land on either side. Estate agents are rubbish at checking details, one with me recently didn't even know they were selling me shared ownership and I lost 100s in fees until it came to light!
You park a car there the neighbours will just say it's theirs thus proving to buyers they own the plot.
Either knock the door or get your solicitor to send a letter.