Boundaries and the contents of them.

moneyistooshorttomention

Well that should certainly make them "cough up or shut up".

Fingers crossed now.

jamei305

Be very careful about evicting them without a court order. If they later turn up with an apparently valid lease or similar, it could get very expensive. It's relatively simple to apply to the County Court for a possession order.

moneyistooshorttomention

jamei305 wrote: »

Be very careful about evicting them without a court order. If they later turn up with an apparently valid lease or similar, it could get very expensive. It's relatively simple to apply to the County Court for a possession order.

Perhaps a follow-up letter - if theres no response from them within, say, a week saying "If you haven't produced an official lease for the shop by (give date) then it will be deemed that you don't have one" might be a thought???

dan91

jamei305 wrote: »

Be very careful about evicting them without a court order. If they later turn up with an apparently valid lease or similar, it could get very expensive. It's relatively simple to apply to the County Court for a possession order.

Its a strange situation, our solicitor is not recognising it as a separate building with a different name as according to the land registry it "IS" the house and they have nothing else lodged with them to support otherwise. So all things have just been referring to the house.
They have had two weeks tomorrow to contact us about it and to sort it out which they have not. Also remember they do not and have not ever lived their.
They also have not been in the property in the two weeks since we told them as the mail is still on the floor mat. I don't really think it counts as an eviction in this case?
Our solicitor has told us that we are well within our rights to go in and change the locks when ever we want however recommended sending them the second letter to let them have chance to remove anything they want.

moneyistooshorttomention wrote: »

Perhaps a follow-up letter - if theres no response from them within, say, a week saying "If you haven't produced an official lease for the shop by (give date) then it will be deemed that you don't have one" might be a thought???

We told them face to face two weeks ago that we believed it was ours their reply was not very believable all they said was they would be on to their solicitor and they where sure they had "something" however they where not sure what solicitor or company delt with it and they would be in touch. We also had a letter sent by the solicitor a week tomorrow so they could not claim to have not been told. They have not contacted us or the solicitor in these two weeks. So we sent another letting giving them 7 days before we reclaim it.
They have also not been in the building in the two weeks, surely if it was you you would have been here checking on it?

AdrianC

It's summer holiday season. Two weeks without any response is not exactly unreasonable, especially at this time of year.

dan91

The plot thickens....

So we have heard of their solicitor today with a copy of their deeds. However our deeds do not mention a conveyance taking the property off ours and their deeds also do not mention our house or deeds.

Also their conveyance plan showing RED of what they bought is not even the shop. Its someone drive about 100 yards away on the other side of the road.... Has anyone experienced something like this? With them deeds showing the RED of something else do they even have any standing? This is getting very strange and complicated....

The yellow at the bottom left is what their red boundary is showing they own. However as you can see its no where near what we are arguing over... / Confused

G_M

So your solicitor responds "Thank you for a copy of the Conveyance dated xx/xx/19XX and attached Plan.

However I note this relates to aproperty on the opposit side of the road and is not in any way related to my client's property.

Kindly forward any evidence your client may have for the property at 21 Acacia avenue by 17th July, or we shall asume you make no claim to the property."

or similar.

dan91

Thanks for your reply Our solicitors are telling their solicitors that the map is highlighting the wrong building.

However how do these things stand if the address is right but the map is not?

The deeds say the highlighted bit shows the building for identification purposes but as shown above its identifying something completely different..

Also those who's drive it is will they have a problem?

G_M

When you say 'Deeds', what do you mean? The Land registry Title & Plan? Or a paper Conveyance? Or something else?

What would be the address of the property identified by the 'Deeds' Plan in yellow over the road? Have you done a LR search for that address?

That looks like a similar arrangement: a 'shop' (?) attached to the side of a house. Is it? Maybe that's what they bought all those years ago, and they just moved into the wrong building...... and stayed!

PixelPound

Hmm, if it's a different property are they just hoping you will be satisfied with any deed, rather than the actual one. Does the title deed wording match he shop or the one on the plan. Have you looked up the yellow building on the land registry

As far as history of the building, go to your central library and ask if local history section. They could have maps (national library of Scotland have online ones) and also other information such as local trade directory. Have you looked at 1911 census might say if the shop was a shop.