Neighbour Wants to Demolish Communal Out House Building

ognum

Simon_G wrote: »

Very valid points - I'll dig out the deeds paperwork to see if that sheds any light on the matter. I do know that the land my house is on is Freehold, so I'd imagine that the land the out house building is on is the same.

As I said before you need to take to your mortgage company, they own your house not you.

AdrianC

ognum wrote: »

As I said before you need to take to your mortgage company, they own your house not you.

No, they don't. You own it.

They just have an interest in it, because you've promised it as security on the money you owe them.

ognum

AdrianC wrote: »

No, they don't. You own it.

They just have an interest in it, because you've promised it as security on the money you owe them.

Well yes you are right but you do need to consult them before giving away something that is on the deeds,

Simon_G_2

Having looked through the Land Registry paperwork I received when I bought the house, I've found a plan of the property.

This highlights the extent of the property in red (house, garden and section of out house building), as well as a shared path marked in yellow, with right of way areas coloured green and drainage coloured blue.

On the Official Copy of Register of Title paperwork that I have it also states that 'The land has the benefit of the rights granted...'

Does this answer any earlier questions?

Running_Horse

Sounds like a bargaining tool. I would be telling the neighbour of my plans to mark out the right of way, and intent to make full use of the land once the building is demolished. Allotment, sunbathing area, new building? This will affect the value of his property and future saleability. Maybe you need to get together with the other neighbours to agree a joint plan of action.

buglawton

Replace it with a nice cycle store, this will keep the place tidy and bikes secure.

silvercar

Simon_G wrote: »

Having looked through the Land Registry paperwork I received when I bought the house, I've found a plan of the property.

This highlights the extent of the property in red (house, garden and section of out house building), as well as a shared path marked in yellow, with right of way areas coloured green and drainage coloured blue.

On the Official Copy of Register of Title paperwork that I have it also states that 'The land has the benefit of the rights granted...'

Does this answer any earlier questions?

So you own a section of it, this is different to all 6 of you sharing in the ownership of the whole thing.

I doubt your neighbour has the right to enter your section or demolish it.

moneyistooshorttomention

AdrianC wrote: »

No, they don't. You own it.

They just have an interest in it, because you've promised it as security on the money you owe them.

Agree with this

BUT a mortgage-holder can be a right pain in the posterior just because of the fact of them having an interest. Some years back, a mortgage company had a (minimal) interest in my last property and I had to "have their permission" for something. The ******* made a right nuisance of themselves with the amount of time it took them to "give their permission" about something (even though I first did what I expected and did the "formality" of asking them and then followed-up, complained, went higher in the food chain, screamed at them, downright kicked at them and eventually had to find a way to work around them to get that darn "permission"). I found out during the course of this that they had an absolutely terrible reputation for how inefficient they were/are.

Moral of which is 1. work out how efficient (or otherwise) the mortgage holder is 2. if the answer is that they aren't efficient, start working out ways to "work around" them (why drive into a brick wall right in front of you blocking the road, when you can find a gate to go round the back of the wall further down the road?).

Simon_G_2

Thanks for the continued responses. As I imagined it's a pretty complex situation, one that I can see only becoming more complicated once the building has been demolished. This is an issue my partner raised with the neighbour, to which he had no real answer.

Would anyone recommend contacting Citizens Advice Bureau or a solicitor that specialises in property?

tyllwyd

Simon_G wrote: »

Thanks for the continued responses. As I imagined it's a pretty complex situation, one that I can see only becoming more complicated once the building has been demolished. This is an issue my partner raised with the neighbour, to which he had no real answer.

Would anyone recommend contacting Citizens Advice Bureau or a solicitor that specialises in property?

I don't think the situation needs to be complex - if it was me, I'd be happy to see the building taken down (if it is dangerous and of no practical use or historical interest), and then either sell the land to the neighbour for a nominal sum or just sign it over to them. Holding on to a separate little plot of land just for the sake of it doesn't seem worthwhile to me, and I do think there is a real chance that it devalues your property rather than adding to it.

I don't think it is something that the CAB is going to have much experience of - they are much more likely to tell you to find a solicitor. I would have thought that most high street solicitors have a lot of experience in conveyancing, so a situation like this wouldn't be unusual for them.