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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To just use the decade long abandoned house on my street?

157 replies

CheekyBeggar · 12/08/2018 18:20

I moved into my house ten years ago, and noticed an empty house with a badly grown garden opposite us.

The house has never had anyone come into or out if it. The garden was overgrown to the point that you couldn’t see the front door but apart from that the house appears sound. I was originally concerned that it was an elderly neighbour so went around to check.

I say the garden ‘was’ overgrown because about five years ago I’d had enough and I started clearing the front out. I’ve been doing it regularly to keep it ok ish looking.

I’ve reported it to the council three times, they say they haven’t got the ‘funds’ available to do anything about it.

I’ve contacted the land registry and tried to chase down the prior owner, but from what I can gather they had the house repossessed, by a mortgage/debt company that has since folded and that I can’t contact either.

My neighbour must have gotten confused and today when I was tidying up the fly tipping that happens regularly outside there, he demanded to know when I was going to do something with the place. He thought that I owned it.

When I told dh this he said he’d been looking it up and that we should just change the locks on the house (the back foot has been open for some time, some youths broke into it a few years ago. I boarded it up and left it.) and claim squatters rights in ten years.

I’ve googled it myself and it all looks very complicated and I don’t really understand how it can be legal? But it’s always been such an eyesore that I must admit the idea of going in and tidying it up does appeal to me.

Or are there other avenues I could go down instead? I’ve tried a few companies who say they will deal with abandoned hoses but they all seem to be based in London, we are much further north.

OP posts:
Bambamber · 12/08/2018 18:23

What if you did it up but then the legal owner came forward before 10 years had gone by?

Fang2468 · 12/08/2018 18:24

It sounds very tempting, I don’t know anything about the legal position though, but if here interested to hear from someone who does.
It must still belong to someone, I think they would make a move for it eventually- but would it be before you could claim squatters rights?

CheekyBeggar · 12/08/2018 18:25

I’d be happy to hand them the keys!

As long as it didn’t remain a pitiful looking wreck.

OP posts:
flumpybear · 12/08/2018 18:26

I don't think there's such thing as squatters rights these days - essentially it's not yours so you're trespassing but understand why you want it cleared

CantankerousCamel · 12/08/2018 18:26

Oh do it

underthewillow · 12/08/2018 18:26

You could do it now if it has been ten years. Make an application to the Land Registry for adverse possession. The registered owners then have two years to object to it.

ichifanny · 12/08/2018 18:27

I don’t think there is such thing as squatters rights anymore did they not make it illegal for residential properties ? Is it open or would you need to break and enter ? It may be something like adverse possession perhaps after a period of time ?

Moltenpink · 12/08/2018 18:27

Go for it. There’s no point in it staying an eyesore. Did you tell the neighbour it wasn’t yours though? He would probably object if so.

underthewillow · 12/08/2018 18:28

It is worth noting that, if successful, you will only be granted possessory title, so it can still be challenged and, if you chose to sell, only certain mortgage lenders would lend on it.

ichifanny · 12/08/2018 18:30

Saw that you have access , I’d teybgain possesion of it and see if anyone objects , up in the country beside our caravan is an adandoned house and I always wonder if someone will do the same , I expect not as the land belongs to someone but on a suburban street I wouldn’t think that would be as much as a problem .

CheekyBeggar · 12/08/2018 18:30

I’m not interested in it for financial gain, if the owner dies reclaim it then at least it will have looked nice and not abandoned for years (it tends to attract trouble)

If they never came forward then I would give to a charity or something (it would feel bad to financially profit from doing something like this, but there is a charity local to us I’m involved in that could do with more property)

I mean that might be just a pipe dream, obviously if I’m going to get imorisobed for it I’ll be keeping my hands off the paint roller!

But it is so sad that a perfectly good home is just being left to rot for this long.

OP posts:
ichifanny · 12/08/2018 18:32

Well if you don’t do it someone else may .

FourFriedChickensDryWhiteToast · 12/08/2018 18:33

there is no such thing as 'squatters' rights' with residential property.

To claim 'adverse possession' you would have had to been in there for 12 years, with paperwork to prove it. eg phone bills, water bills, council tax.

I know someone who claimed adverse possession and nearly got it, only he had never paid council tax..so the council took it.

I know another person who would have got adverse possession, only he had used about three different names on various bills, and again, never paid council tax.

Having said all that, in your position I would also be tempted. Don't forget breaking the door can count as criminal damage, so you have to get in some way that you can fix up quick.

MrsMotherHen · 12/08/2018 18:33

do it I would.

CheekyBeggar · 12/08/2018 18:34

I’m not sure if it would count as breaking in?

I nailed a wooden panel up against the back foot to cover the hole youths had made when they broke in.

I was in a bit of shock when the neighbour was cross with me for not doing anything with it, I just stuttered a ‘no’ as he walked away.

OP posts:
FourFriedChickensDryWhiteToast · 12/08/2018 18:35

if you break anything , then it's (potentially) criminal damage. Likewise, if you get in, it can potentially be burglary. Even if you don't take anything.

FourFriedChickensDryWhiteToast · 12/08/2018 18:35

go on, do it...Grin

CheekyBeggar · 12/08/2018 18:35

Oh I hadn’t thought of council tax! It’s quite low around here anyway so wouldn’t really be a problem I guess...

What would I put on the council tax form?! I couldn’t put owner could I 😂

OP posts:
sweetkitty · 12/08/2018 18:36

I would be tempted to just do up the front tidy the garden to make it look like someone lived there if it’s attracting trouble.

FourFriedChickensDryWhiteToast · 12/08/2018 18:37

I am not sure. But gain access first, then get the CTax form.

Justsaynonow · 12/08/2018 18:39

DH & I have been mulling the same situation - I'm sure that "posession is 9/10ths of the law" isn't actually a law, but it's tempting.

$8mill newish house next door to us has been empty since 2012, only lived in for 6 mos after built to avoid a new build tax. The garden is a mess - blackberry canes, thistles & weeds everywhere. No one checks it. There are many similar houses here since the foreign buyer market has slowed.

Every once in a while someone in the neighbourhood complains & the city sends someone to cut the front boulevard (and apparently is supposed to charge the owner). The only benefit we see is extra parking, less noise, and very healthy weed seeds trying to populate our yard.

CheekyBeggar · 12/08/2018 18:39

Apparently (dh is still googling) repossessed homes don’t pay council tax? But would it count as still reposted if I was saying I was adversely possessing it?

This is a mine field!

OP posts:
FourFriedChickensDryWhiteToast · 12/08/2018 18:40

...and (warming to theme now) make sure you have the equipment to secure the house once you have gained access..

FourFriedChickensDryWhiteToast · 12/08/2018 18:42

I don't think you can say you are 'adversely possessing' somewhere until you have been there for 12 years.

I was in Lambeth when the council suddenly remembered a lot of houses that they had forgotten they owned (!) , so I do know a bit about it.

You would be a squatter which is a criminal offence.

However, from the situation you have described, it doesn't sound like anyone is going to call the police...

SilverHairedCat · 12/08/2018 18:43

Report it to these guys: youspotproperty.com/. If they buy it, and sell it on, you get a cut of the profit. Better than a poke in the eye.

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