Breach of Contract and squatters rights

homeliving

Breach of Contract and squatters rights

Hi, I have just contacted my mortgage company, with regard to a query about my deeds.

1,Is it normal for a mortgage company to hold onto your deeds?

2, Is it normal for a mortgage company to charge for a copy of 'your' deeds?

During the conversation, I 'let it slip' (as I was not aware I was doing anything wrong, and because I have mentioned it on other ocassions without being pulled up) that I was renting my property out, the guy got quite defensive and said I was in breach of contract for this??

3, What is breach of contract? I don't really know what this means, the possible consequences or where to turn.

4, I requested my deeds from the mortgage company as I am having problems with the council, (my property was a right to buy, leasehold through the council). My old (nasty) neighbours have reported me to the council saying that I stole some garden that did not belong to me. But the fact of the matter is, when I moved in as a council tenant in 1997 I asked the council which bit of the garden was mine, (as they were all overgrown and had no fences). In 1997 I was sent a plan showing which garden was mine (I still have the letter, it had been highlighted in yellow highlighter pen!) However, the woman who sent it, is denying it now, and has said I should not have taken her word for it, but I should have checked the deeds. (Problem is, I never had deeds in 1997 as I was renting, I did not buy the property until 2000, I have never had the deeds as they have always been with my solicitor or the mortgage company). I have had a fence up around the garden area (I was told was mine) since 1997 but the council are now saying the garden isn't mine and I must give it back.

It's a long one, but I am in such a mess. Please advise!

niklam

The breach of contract is most likely because the terms of your mortgage say that you are not allowed to let out your property as you have a residential mortgage. If they decide to your lender may force you to swap to a buy to let mortgage (more expensive).

As for stealing your neighbours garden, you can get details of your plot from the landregistry website (the one where the address finishes with .gov.uk) for a small fee which will tell you where your boundaries are.

hth

Niki

DVardysShadow

homeliving wrote: »

I have had a fence up around the garden area (I was told was mine) since 1997 but the council are now saying the garden isn't mine and I must give it back.

It's a long one, but I am in such a mess. Please advise!

If you can prove it has been fenced for 12 years or that you have had complete unchallenged control, you may be able to claim ownership by 'adverse possession' - google for more accurate info. The highlighter pen map may be very useful evidence - although the woman claims it is wrong, as long as it it is not denied that you were given this.