help!!

wannaberich81

delain wrote: »

You know that coming across as awkward in front of viewers might slow the sale right?!

I'd just introduce yourself to anyone viewing and say hi nicely if you want to get off on the right foot with your new neighbours. It isn't their fault their predecessor was a nightmare!

again your all probably right, im just so angry!!

just another thing though, when we have bought and sold houses in the past, we were under the impression that any disputes between neighbours had to be noted to the buyer, and any complaints to the council about neighbours had to be noted to the buyer - is this still the case?

delain

wannaberich81 wrote: »

again your all probably right, im just so angry!!

just another thing though, when we have bought and sold houses in the past, we were under the impression that any disputes between neighbours had to be noted to the buyer, and any complaints to the council about neighbours had to be noted to the buyer - is this still the case?

I thought it was still the case, but I've never been a homeowner to need to pay much attention

ihategossips

As far as I know if you have only had verbal communication then they don't need to declare it when selling but if they have received any written communication regarding a potential issue or problem then they legally have to. So in short if you want to get them out by letting them sell I would not say or do anything unless they decide not to sell and stay put as it will put off potential buyers.

wannaberich81

thanks everyone i am now in a more sensible, calmer place

Mojisola

You could get off on the wrong foot with new neighbours if they think that they've bought a property with extra parking spaces and then find you're stopping them from using them.

Ask the experts on https://www.gardenlaw.co.uk for their advice.

kazwookie

Is this a legal right of way, or one that has just happened?

Can you fence in what is yours that there is NO LEGAL right of way over?

freebiequennie

you say in the first post they created a parking space at bottom of their garden and now use this right of way was this a legal agreement between you and them or between them and a previous owner or just a verbal agreement or an assumed agreement on their part and you have let them??

Could you offer to sell them that part of land as they are using it anyway or sell to new owners when they move in?

Magicboo

I don't know the lagalities for your case, but when I bought my house, the neighbours use the corner of my garden/driveway to drive accross to get to their driveway and I had to write a solicitors letter saying I knew this happened and I was happy for it to continue, but if I hadn't had it written down, when the old people who owned my house-who gave the access-sold the house to me, it would change from being a neighbourly "yes, you can drive over my land" to a legal right of my neighbours. So I'd make sure that anyone who is looking at buying your neighbours house knows that they don't have the right to park their car on the right of way or it might become legal too..
But please check that out, because I could be wrong, but if I'm not-you might be in a worse state if they do sell!!

Gavin83

Mojisola wrote: »

You could get off on the wrong foot with new neighbours if they think that they've bought a property with extra parking spaces and then find you're stopping them from using them.

Ask the experts on https://www.gardenlaw.co.uk for their advice.

But that's not really the OP problem. Personally I'd make sure their sale is as quick as possible and then inform the new owners they can't use the land and put fences up if necessary. If it was sold to them with the land inform them they can legally claim some of the money back from your current neighbours due to the misselling of the property. You'll get your land back and get your own back on your current neighbours.

Clarieloo

I'm a commercial property surveyor and residential isn't really my strong point but I would certainly think that a right of way is just that - a right of way or if you like "access" to get from A to B, NOT a right for prolonged usage. If you own the land I strongly suspect you are in a good position legally to fight this. But of course legal fees can be quite hefty. Sometimes we employ the "scary letter from solicitor" to get people to sit up and think and it often need go no further. So this could be a tactic worth employing.

But as someone said before, your neighbour would absolutely have to tell a potential purchaser of their house about an official dispute and of course this could lead to a longer selling period - something to think about if you want them gone!

Hope this helps a bit