Next door is selling - is now a good time to solve a land dispute?

ajgwilliam

TL:DR - my neighbour's cellar is under my house, and that isn't in any deeds

I have owned my house about 10 years. A few years back I worked out why my cellar is so small - half of my front room covers my cellar and the other half covers the cellar of my neighbour. Their cellar is within the boundaries of my property.

Besides the practical issues of having a small cellar, I am worried about a fire hazard, and I need access to that side of the cellar to repair (replace) rotten floor joists.

I raised it with the conveyancers of my purchase. After reviewing the deeds they concluded that "as far as they were concerned" the outline drawn on the deeds implied that I should be entitled to the cellar. (The obvious point to make here is that it has always been like that - since there are two coal-holes in front of my house, and none next door).

I didn't want to rock the boat with my neighbour so told myself that if she sold, then I would sort it out. That time has come. My question is: how do I ensure that during the process of the property changing hands, a resolution to this problem is found?

Thank you in advance

moneyistooshorttomention

Understood what the concerns are here.

First thought - would this result in a "flying freehold" situation?

Mojisola

ajgwilliam wrote: »

half of my front room covers my cellar and the other half covers the cellar of my neighbour. Their cellar is within the boundaries of my property.

The obvious point to make here is that it has always been like that - since there are two coal-holes in front of my house, and none next door.

I didn't want to rock the boat with my neighbour so told myself that if she sold, then I would sort it out. That time has come. My question is: how do I ensure that during the process of the property changing hands, a resolution to this problem is found?

As it's always been that way, I don't know why you think that their half of the cellar is yours? Presumably, there is a door into their cellar next door and no access from your side?

Do their sales details mention the cellar?

It would be best to start off by talking to the neighbours. If you are willing to pay for the work involved in blocking up the doorway in their house (and the lack of a cellar doesn't reduce the price of their house), they might be willing to let them happen.

ajgwilliam

If it makes a difference, both properties are leasehold, and on the same lease - there are 3 properties and a pub all grouped together. I forgot to include that in the initial description of the issue...

ajgwilliam

As it's always been that way, I don't know why you think that their half of the cellar is yours?

I don't, but when I asked the conveyancer why they had never brought it up, they said that the deeds implied it should be mine - the red line they drew round the land which is mine goes over the cellar. Nowhere in my deeds or in any surveys did this come up when I purchased the house. If I'd known, I would've done something about it when I purchased. I was not best pleased with them.

Presumably, there is a door into their cellar next door and no access from your side?

Yes, under their normal stairs are stone steps going down - i.e. the cellarhead. At the end of the steps is effectively the "boundary" - the point at which you enter under my house. I have no access to this half of the cellar. If I want to repair the issues with the floor of my front room (which desperately needs doing) I'd need access to their half of the cellar, which at the moment means getting in their house.

Do their sales details mention the cellar?

This is what I want to sort out now. So I need to know how best to ensure that this is dealt with when the legal people are talking. I have mentioned it to the lady, but I got the distinct feeling that she didn't want the hassle. If have some entitlement to the cellar, or at least entitlement to access to it, then I want that to be sorted when the sale happens.

If you are willing to pay for the work involved in blocking up the doorway in their house (and the lack of a cellar doesn't reduce the price of their house), they might be willing to let them happen.

I would do this, if there was no alternative. But see the paragraph above about how to make sure she doesn't brush over the issue and not tell the prospective buyers.

steampowered

What outcome would you like?

Are you looking for access to the cellar to make repairs? Or are you looking to try and assert ownership?

If you are trying to assert ownership you will have a fight on your hands and need legal advice. If you just want access to repair rotten joists then isn't it best to politely ask your neighbour.

ajgwilliam

What outcome would you like?

Are you looking for access to the cellar to make repairs? Or are you looking to try and assert ownership?

If you are trying to assert ownership you will have a fight on your hands and need legal advice. If you just want access to repair rotten joists then isn't it best to politely ask your neighbour.

I'd like to have the whole cellar, even if it meant I paid for it. I was considering building a brick out-house for bike and tool storage, but this is a better way if I could do it for the equivalent money. The worry of ongoing fire risk and the never-ending damp problems - which are impossible to manage if the cellar is half-owned - is making me want to sort this out now if I can.

If I don't sort this now, it'll definitely bite me in the future, but also create a headache for new owner - for example: what would happen if I started to do the repairs to my house?

oystercatcher

sparky130a wrote: »

Well yes, it can be a pain. One can only stack dead bodies so efficiently...

Are you sure the neighbours have access to this part and it isn't just partitioned off as 'dead space' full of who knows what ?

ajgwilliam

Are you sure the neighbours have access to this part and it isn't just partitioned off as 'dead space' full of who knows what ?

I have been in it. Putting the jokes aside for a moment, there is some fire damage, so there has been some sort of fire in the past - and directly under what is the entrance from my front door. That'll keep you awake at night!

Norman_Castle

Are both cellars a similar size? If the houses were built like this I would assume the neighbours cellar is theirs despite being in the footprint of your house.

ajgwilliam

Are both cellars a similar size? If the houses were built like this I would assume the neighbours cellar is theirs despite being in the footprint of your house.

Yes. Sort of half the size of my front room. The emphasis of my question should be: how do I best ensure this gets fixed now?