We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Why is my house mentioned on my neighbours' sale details?
seven-day-weekend
Posts: 36,755 Forumite
Hi there....bit of a puzzle.
My next door neighbours in the UK have just put their house up for sale. Both our houses are mid-terrace, built about the mid 1800s (ours was built first AFAIK.
We have an entry at the side of our house, down which we gain access to our front door, which is on the side, and our back garden.. As long as we have had the house (30 years) and before with the previous owner, this entry has been for the sole use of our house. My neighbours' bedrooms come over the top of it in what I think is called a 'flying freehold'. Their access to their back garden is down an entry two doors away and behind someone else's house, as is common with terraced houses.
About ten years ago, our neighbours decided that because their bedrooms were over our entry, they had right of way down it. We had a dispute over this for months, during which solicitor's letters flew around and my neighbours on the whole behaved most unpleasantly. The dispute was finally resolved when they apologised and said they were mistaken. I did point out that, if they had access to our entry because it was underneath their bedrooms, then we could argue we had access to their bedrooms, because they were over our entry.
The deeds are so old they don't show much, but they do show a block plan of our house, with the entry.
Now...in the details of their house on the internet, it mentions that the bedrooms are over our entry and says that a prospective purchaser should contact a solicitor. It mentions our house by specific address, it doesn't just say next door.
What does this mean for us - are they disputing access again - and are they allowed to put this?
My next door neighbours in the UK have just put their house up for sale. Both our houses are mid-terrace, built about the mid 1800s (ours was built first AFAIK.
We have an entry at the side of our house, down which we gain access to our front door, which is on the side, and our back garden.. As long as we have had the house (30 years) and before with the previous owner, this entry has been for the sole use of our house. My neighbours' bedrooms come over the top of it in what I think is called a 'flying freehold'. Their access to their back garden is down an entry two doors away and behind someone else's house, as is common with terraced houses.
About ten years ago, our neighbours decided that because their bedrooms were over our entry, they had right of way down it. We had a dispute over this for months, during which solicitor's letters flew around and my neighbours on the whole behaved most unpleasantly. The dispute was finally resolved when they apologised and said they were mistaken. I did point out that, if they had access to our entry because it was underneath their bedrooms, then we could argue we had access to their bedrooms, because they were over our entry.
The deeds are so old they don't show much, but they do show a block plan of our house, with the entry.
Now...in the details of their house on the internet, it mentions that the bedrooms are over our entry and says that a prospective purchaser should contact a solicitor. It mentions our house by specific address, it doesn't just say next door.
What does this mean for us - are they disputing access again - and are they allowed to put this?
(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
0
Comments
-
Is anyone there that can answer, this is really worrying me(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
I think the neighbours will have mentioned the dispute to the estate agent/or the estate agent has heard similar stories with local properties and I'd imagine that it is mentioned in the listing for prospective buyers to take advice on, and also some mrotgage lenders are not happy to lend on flying freeholds which is why the buyers need to know to avoid complications further down the chain. My advice to you is if want your address removed from the listing speak to the sellers estate agents and politely request that they do not have your property address publicised.
Whatever happens I hope you will get on with your new neighbours a lot better than the old ones!
MMI am a Mortgage Adviser
You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Thanks, so it's quite normal then?
We get on with them OK most of the time and in fact if having mention of the flying freehold may cause them a problem with moving, I'd rather it stayed on (not with my address though) because they do our garden. My neighbour was always saying she wished she had a bigger garden, so when we went to Spain, we asked if she would like to use our garden too, so long as she kept it tidy (my son and two other young men live in the house and wouldn't know where to start with the garden), so the slower the house is selling, the better for us (although obviously I wouldn't do anything to scupper the move!). I don't think it will sell easily - although it is well presented it is way overpriced.
I will ask to have my address removed tomorrow.
Thanks, I feel better now!(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
please dont worry, this is not a huge deal, Solcitors will sort it out. Once this house is sold, you will be able to forget about these unpleasant folks. If they do not have title, nor access, then it should not delay your sale.0
-
Thanks Clutton, ....but just to point out it is their sale, not ours!(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
you can still forget them as they will be gorn !!!!!!!!!!!!0
-
Thanks both of you, you have put my mind at rest.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
Update*****
My husband rang the estate agent, posing as a prospective buyer. The person actually dealing with the sale was not there, but another person told him that the clause was inserted because it was 'something to do with the flying freehold'.
We have to ring back later.
Does anyone know whether this clause has to be inserted by law in the case of a flying freehold?(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
What is the actual wording in the sales particulars?0
-
Lorian wrote:What is the actual wording in the sales particulars?
'NB Please note that part of the first floor of (their house name) extends over the covered side passage of (my address). Purchasers should consult their solicitor in respect of this. '(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.6K Banking & Borrowing
- 254.5K Reduce Debt & Boost Income
- 455.5K Spending & Discounts
- 247.5K Work, Benefits & Business
- 604.3K Mortgages, Homes & Bills
- 178.6K Life & Family
- 261.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards