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Next door is selling - is now a good time to solve a land dispute?
Comments
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ajgwilliam wrote: »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. I was not best pleased with them.
Why not? The only people who could have known about the discrepancy are those who visit the cellar - and apparently it took you several years of occupation to figure it out!0 -
Why not? The only people who could have known about the discrepancy are those who visit the cellar - and apparently it took you several years of occupation to figure it out!
Because they didn't offer any solution to how I put it right other than "as far as we're concerned it's yours. Bye. Not our problem."0 -
If you believe the cellar is yours talk to your neighbour and explain your reasons. If you think you have a legal claim on it try that route. If the cellar proves not to be yours offer to buy it. Its up to them if they choose to sell.ajgwilliam wrote: »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?
Your neighbour might disagree about the need to fix this. They may think its fine as it is.0 -
1. Talk to you neighbour. Tell them you need to repair your floor board joists, so need access to the seller, and that this will be a lengthy prodeas. You could then offer to 'buy' the seller under your house to reduce fhe complication, and pay for any alterations required to the structure and the deeds.
Or...
2. Speak to the EA selling the house and let them know there is a problem with the deeds and that the seller may not own the cellar.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
If the cellar has never been occupied as part of your house, and has only been included in your title in error, I can't see that you've got much of a claim to it. The easiest and most equitable solution to solve the discrepancy would appear to be to transfer title to the cellar to your neighbour.
Exercising your right to exercise your neighbour's property for essential maintenance purposes is a different problem.0 -
1. Talk to you neighbour. Tell them you need to repair your floor board joists, so need access to the seller, and that this will be a lengthy prodeas. You could then offer to 'buy' the seller under your house to reduce fhe complication, and pay for any alterations required to the structure and the deeds.
Or...
2. Speak to the EA selling the house and let them know there is a problem with the deeds and that the seller may not own the cellar.
The fact that there has never apparently been access from the ops side points more to an error in thier deeds. What do their deeds show?0 -
Obtain a copy of the neighbours lease and compare the plan with yours.
Could you involve the freeholder?0 -
Maybe you have some of their house instead . Tread carefully.:cool: hard as nails on the internet . wimp in the real world :cool:0
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Can I get this without asking her? i.e. are they public documents? If she isn't going to be cooperative (e.g. to smooth the sale of her house) then I need a way to gather information. Speaking of which, would contacting the legal firm handling the sale be a way to ensure this is dealt with?Obtain a copy of the neighbours lease and compare the plan with yours.
I appreciate all the responses. Having read them all, it seems like the best course of action is raise this as an error in the deeds that needs to be sorted.
Secondary to this is 1) solving my access to the cellar to complete repairs, 2) whether there is a possibility of me buying that portion of it (including paying for their access to be bricked up and paying for changes to the documents - any idea of the costs of the latter???)0 -
ajgwilliam wrote: »Can I get this without asking her? i.e. are they public documents?
Yes.
https://www.gov.uk/get-information-about-property-and-land
https://www.gov.uk/search-property-information-land-registry0
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