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Legal matters

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Neighbour has asked to pave part of my land

61 replies

Ohffs66 · 26/04/2020 09:49

We live on a new build estate, the houses are about 2 years old and we all moved in at roughly the same time. We are on a shared driveway of 5 houses...us (house 1) and house 5 are on the main road either side of the entrance to the driveway, houses 2 3 and 4 are all set further back with their driveways branching of the central driveway. All the houses are fairly close together.

House 2 is directly behind us but at a 90 degree angle and has a long narrow driveway (as opposed to side by side) which runs along the back of our garden. We own a piece of land that runs directly along part of their driveway, which although belonging to us is not fenced in as part of our garden, and of no use to us at all, we've only ever been on it to cut the grass. It's a bit daft it belongs to us rather than to house 2 tbh.

House 2 have asked if they can pave or gravel this piece of land at their own expense, as they tread on it daily to get their grandchildren and daughter in a wheelchair in and out of their car and as it's slightly sloping and gets muddy in the winter, it would make their lives easier.

In theory I have no problem with this but I am worried about somehow accidentally creating a right to use the land or a right of way which could cause us problems if we come to sell: it would be really obvious why that patch of grass, and not the bigger area next to it, which we also own, had been paved i.e. to make it easier for house 2 to use it for access in and out of their car.

They are nice neighbours and I'd like to do this if we can, but I'm not prepared to do anything which could cause issues for us later down the line.

Any conveyancing solicitors about that might know anything about this please?! I'm not willing to seek legal advice at this stage as it's only just been raised and obvs I'd have to pay, but if anyone has an idea about the legal position here as a start point I"d be ever so grateful.

OP posts:
Twooter · 26/04/2020 09:51

Could you sell them the land?

OhLook · 26/04/2020 09:53

Yeah I would think about selling it too.

noavailablename · 26/04/2020 09:54

Sell it to them. You don't have to charge much, but you must do it legally in case you ever want to sell your property. You will need proper paperwork.

TW2013 · 26/04/2020 09:56

I would look into selling it to them. Makes sense for them and it avoids problems for you if in later years you have less amenable neighbours.

SoupDragon · 26/04/2020 09:57

I agree - sell it to them if you will never have any use for it.

Ohffs66 · 26/04/2020 10:03

Would I need consent from the developer though? We have SO many covenants about what we are and aren't allowed to do, and a lot of that relates to boundaries, fencing etc. Tbh there is absolutely no benefit to me in getting involved in some sort of legal process, dealing with solicitors etc, it seems like so much hassle for something that is causing me no problems at all at the moment, it's purely for their benefit. They seem to think they are just asking for a little favour, so I can't imagine them wanting to fork out for solicitors fees etc!

OP posts:
EggysMom · 26/04/2020 10:08

Would I need consent from the developer though? We have SO many covenants about what we are and aren't allowed to do,

We don't have visibility of your deeds so there is no way we can answer this, You would have to read them yourself, or print a copy and pass to a friend, or ask a solicitor to review them for you (you might be able to get this done in a free half-hour session)

OhLook · 26/04/2020 10:10

It sounds like there ll be a load of legal stuff either way unless you just say no.

cstaff · 26/04/2020 10:11

If they want it that badly and only they will benefit from this, tell them yes on the basis that they agree to pay all your legal costs and make sure to get that in writing first.

Ohffs66 · 26/04/2020 10:12

Thanks Eggy. Tbh I think I'm back to the same point: hassle for me in terms of getting deeds looked at etc for something that doesn't benefit me at all. I'm sort of irritated they've asked tbh (although I totally understand why they have) as now there's an onus on me to look into it and respond to their request in an informed way (a flat out 'no I'm not happy about it' doesn't feel very neighbourly!)

OP posts:
pinkyredrose · 26/04/2020 10:14

you might be able to get this done in a free half-hour session Hmm the 'free half hour' is a common MN myth, it wouldn't be long though for this anyway. OP go through your deeds, book an online solicitor's appt if you can.

Don't let them do whatever they want with your land, it belongs to you and you're responsible for anything that happens on it, accidents etc. Is there any way you could fence it off until you've found out if you can sell?

Mulledmum · 26/04/2020 10:18

If you do this, you’ll need to seek legal advice and sign a deed of rectification (with the land registration), as this will show up if you ever wish to sell your property and potentially hold up the sale. Selling it would easier!

FamilyOfAliens · 26/04/2020 10:18

We need a diagram, OP. Surely you know the rules? Grin

Ohffs66 · 26/04/2020 10:19

Fencing it isn't possible, the covenants say we are not allowed to fence anywhere other than where fences already exist. plus it would make their lives so difficult because of where their cars are, it would be really mean!

OP posts:
clpsmum · 26/04/2020 10:21

I would let them personally

Marphise · 26/04/2020 10:22

Is there any way you could fence it off until you've found out if you can sell?

I wouldn't fence it off, it's a hassle and also would come across as hostile. They've done nothing wrong, they've just asked for what they want/need and have given no indication that they're not ready to take no for an answer.

If I asked my neighbour about something like this and their response was to fence the area I'd be insulted frankly.

Since they're the ones asking, why not tell them you're willing to sell the land but you want no hassle, so the onus is then on them to deal with legal aspects ?

hedgehoglurker · 26/04/2020 10:22

I personally wouldn't, but would agree to them buying a temporary solution such as rubber grass mats or even replacing the grass with fake grass.

Quartz2208 · 26/04/2020 10:23

Why dont you say to them you are willing to sell it if they look into whether the developer is able or whether or not it is allowed

Qgardens · 26/04/2020 10:24

I'd agree but I'd do all the communication via email and make it clear that it is still your land. Create a paper trail.Make it clear that you are giving them permission to use your land but with no right of way.

Tbh even if the worst happens and 30 years down the road another neighbour claims it - does it really matter if you already feel it's madness that that house didn't own it in the first place?

Marphise · 26/04/2020 10:24

Would it be possible to let them do this with a notarized paper that says they're not claiming any rights or advantage linked to them paving the area ?

JKScot4 · 26/04/2020 10:25

Diagram please of layout

noavailablename · 26/04/2020 10:27

If you are letting them use it anywsy you are going to end up with a "right of access" situation. This will cause you problems if you want to sell your house in future.
I agree with pp. You should offer to sell it on condition that they cover all legal and admin costs.
Find a local solicitor that deals with conveyancing and get a quote.
Or, rent it to them for a small sum, but again, get a legal contract for which they pay.
My dad did this with part of his garden.

Sunshine1235 · 26/04/2020 10:28

I would go back to them and explain that while you want to help them your concerned about the long term implications. Ask them to come up with a temporary solution instead of a solution that can easily be reversed if/when you decide to sell the house.

For example could they take up the turf and put down some paving slabs which could be easily lifted and returfed when you come to sell the house (obviously make it clear to them that this is the deal/get it in writing?) or as a pp said would artificial grass work?

00Sassy · 26/04/2020 10:29

I would just say yes.

Any problem that anyone who buys the house from you in the future has with the way this land is used would be up to them to handle, surely?

Especially if there are loads of covenants in the deeds.

I mean, your neighbours would only be able to say ‘well the previous owners allowed this’
to which the new owners can simply state ‘well we don’t’ surely?

JudyCoolibar · 26/04/2020 10:29

ask a solicitor to review them for you (you might be able to get this done in a free half-hour session)

No responsible solicitor who knew what they were talking about would dream of trying to advise on this in only half an hour.

And they don't automatically offer a free half hour anyway.

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