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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Someonessnackbitch · 20/11/2017 07:57

Huppopapa. I am definitely not a solicitor and have no idea about the extension.
Wouldn’t have OP needed a surveyor to flag anything up before purchase? Genuine question. When I bought my property I decided not to get a surveyor (silly of me) and there have been issues, which were relevant before I moved in, but I’ve bitten the bullet because I have assumed it was my fault for not getting a surveyor.
I’m not sure if OP is bothered about the extension, although if she wants to sell in the future then there will be an issue to prospective buyers.
Regarding the parking spaces, this all seems quite simple. It is not shared land, they just own half each, which hopefully can be sorted by a simple conversation. From the diagram OP drew, it is very clear that half of the parking space is on her land. I’m not sure what she will gain from getting a costly solicitor. This dispute is all due to a previous owner painting some lines. If I go outside onto my street property and paint a few lines and declare this space is mine, does not make it legal. The dispute is over some paint on the floor?

ringle · 20/11/2017 08:34

The law of property hinges on protecting innocent purchasers. Right now, there is a risk that someone will become an innocent purchaser. You job is to stop that. Telling estate agents is a way to make this happen.
Go back to te conveyancers or ask them to recommend a good property litigator. That will prompt action.

Huppopapa · 20/11/2017 10:21

Someonessnackbitch no no no no no no no no! It is NOT your fault for not engaging a surveyor (and by coincidence, my first qualification was as a surveyor! Grin)
A surveyor advises on the condition of the buildings on the land. S/he does NOT advise on issues to do with title. Those are the province of the solicitor/licensed conveyancer who deals with the transfer.
The rules binding solicitors (and licensed conveyancers, I think but I'm not sure) require them to make enquiries of title and to inspect the evidence of title. If there is anything vague - as seems to be reasonably obvious in the case in point - then they are duty bound to bring it to the attention of the purchaser and if it is not sorted out, to alert the mortgagee (if there is one) because as someone said up-thread, the purchaser's solicitor generally acts for the purchaser's mortgagee too.
If someone has built on your land then it was incumbent on the owners at the time that happened to advise whoever they sold to in response to the standard enquiries. If the person who built is still the owner of that land then they will probably have to knock the structure down. If they have sold then the current owner may only have to pay you for the stolen land they have been sold (ringle 's point) but that is by no means certain.
So the long and short of it is, get some advice about the 'issues' concerning your property! Smile

Someonessnackbitch · 20/11/2017 10:36

Wow, I’ve shelled out quite a few thousand, not relating to extensions but other issues. For example my flat states in the lease it should be carpeted but wasn’t so have just had to pay £2k for a carpet. There was also a ‘10 year guarantee’ for Japanese knotweed but have had a letter saying it expires in February 2018 so that’s another £3k.
I called my solicitor regarding these issues and was told she had died. I was basically told we bought and agreed at sale so they are my issues now. 😩

Someonessnackbitch · 20/11/2017 10:37

That was amongst some of the issues. I’m a share of freehold.

ferrier · 20/11/2017 10:57

I guess the parking space issues hinges on whether they have individual ownership of half the space each or shared ownership of the whole space. The two are not the same.

ringle · 20/11/2017 13:58

i may tell one particular client that "I've died" this afternoon thinking about it....

ringle · 20/11/2017 14:04

never in the field of mumsnet history was so much good free advice ignored by so many.

Dashper · 20/11/2017 14:27

Huppopapa same rules for licensed conveyancers. I'm a solicitor but I work for one.

ZombieVampireHedgehog · 20/11/2017 14:59

You could either get some large plant pots as previously suggested, to show this is my half, then park so your wheels are on the half. Pedantic but gets the point across.

If for whatever reason there appears to be 'bays' for parking, pull up your part of the drive and choose one of the various suggestions, my favourite being the stuff that allows grass to grow through whilst protecting from sludge etc.

You've had excellent legal advice, you need to get the rear extension sorted (plus a diagram would be lovely) you should either transfer that land to them for a cost, whether it money or the other half of this bay, your choice. You need to get into that ASAP as it's hassle you don't want down the line when for whatever reason you want a quick smooth sale. They'll take one look at the deeds, one look at the over hanging extension, imagine if this were to cost you your dream house whilst the legal wrangling a were dealt with.

You appear to be a person who doesn't like confrontation, as you've not spoke to the neighbours in 3/4 days, would it not be easier to speak with your legal team, then call EA and say just to let you know, the third bay isn't actually a bay and we'll be landscaping our 2 1/2 bays, as it were, in the near future. I just want to clear up any confusion.

Should Miss/Mrs NDN come beetroot red to your door in anger, advise you'll happily speak to the owner about it all, as there's a few more 'issues' that need rectifying as not to hold up a potential sale. It's for his benefit at the end of the day.

You've had a lot of good advice, at this point putting it off could cost you, so it's wise to deal with it ASAP. If you can't delegate it elsewhere.

Let us know how the 'friend' calling goes. It might be the Estate Agents think you can get 3 cars on the driveway, as you said, utilising the half bay and foot path, you never know.

Try not to worry how your landscaping will impact new NDN. In the first year, landscaping might be last on their to do list.

Remember as stated, you painted their house thus giving it more kerb appeal. That could be a bargaining chip if you forked out for any repointing etc. I'm sure in its old state it'd be a costly 'to do' for a potential buyer.

willfuckformichilenstarfood · 20/11/2017 15:37

I’ve spoken with NDN and we are meeting for a cup of tea later on this week. Will let you know how it goes. I do appreciate all your advice, I will also be speaking to my solicitor. Thanks

OP posts:
Whinesalot · 20/11/2017 21:33

You sound a bit too friendly for them to take you seriously. I hope the solicitor advises you well and that you follow their advice.

willfuckformichilenstarfood · 20/11/2017 22:39

I love that I have come across friendly 😄 mainly, because I’m not. I’m a mega bitch that Satan wouldn’t allow in hell. I’m a police negotiator so appear friendly to the outside world Grin but inside I’m fierce and quite frankly nasty Blush

OP posts:
ringle · 20/11/2017 22:50

Ah!
Does ndn know where you work?

willfuckformichilenstarfood · 20/11/2017 23:10

They know I work for the police but only my close friends and family know what my actual job role is.
I find it either raises questions I can’t answer or be bothered to answer alternatively it’s a complete conversation killer......

OP posts:
TroelsLovesSquinkies · 21/11/2017 08:01

LOL a Police negotiator. I love it.
Tempt them in with a cup of tea and some Hob Nobs. Come into my parlor said the spider to the fly, type situation.

HolyShet · 21/11/2017 09:16

amazing

Whinesalot · 21/11/2017 16:15

[Grin]

Whinesalot · 21/11/2017 16:16

Try again grin

Whinesalot · 21/11/2017 16:16

And again Grin

ZombieVampireHedgehog · 23/11/2017 01:56

Have you got anything sorted OP? You should be a pro at getting them onside and everything sorted.

willfuckformichilenstarfood · 23/11/2017 16:20

Not yet, they keep delaying the meeting. I’ve given them until Saturday or the diggers will be in!!

OP posts:
ringle · 23/11/2017 16:46

I did wonder whether the police thing might make them less willing to start a conversation.....

ZombieVampireHedgehog · 23/11/2017 21:44

Have you got the diagram for the back Grin

Diggers you say? Sounds intriguing...

ZombieVampireHedgehog · 23/11/2017 21:45

They come round to socialise so things must be relatively OK.

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