Selling / parking catastrophe - please help!

starrybear

Hi,

Apologies for the length of this post - if anyone can be bothered to get to the end, I'd really appreciate some advice!

We have a piece of land to the rear of our property that we have historically paid ground rent to a private company to be able to park on. (We own the property and a portion of the land to the rear, just not the portion we park on.)

We've recently sold our house (but have not advertised the house as having any specific parking) and have explained the parking situation to the buyer. We've had an OK relationship with the owners of the rented land, and whilst we stressed to the buyer that it was not a permanent arrangement, we didn't envisage any problems with its continued rent by any new buyer.

Cut to last night - I arrived home to find a pick-up truck on the rented land, and my garden having been dug up to in order to install some fence posts that effectively cut off my garden from the rented land. I also believe that they have tried to take more land than they're entitled to do, but neither my land registry diagram or theirs makes this clear.

Having asked the (bemused) workmen to cease and take their fence posts and truck with them, I messaged the owner of the land to ask what had gone on. He replied that our rent agreement had been terminated 6 months ago (we did actually get a letter stating this at the time, but having spoken to him, he agreed that we could continue to use it for as long as it suited him - so no formal arrangement was in place) - however - he has actually recently sold the land on. I asked for the contact details of the new owner, but he wouldn't give them to me - just said he'd ask them to call me, which hasn't happened.

I'd just like to know where we stand on this from a legal point of view, and what the best way to progress from here would be.

I want to be upfront with the buyer, but don't want to spook him. I'd be willing to look at converting the front garden to parking (this would include going through the council for a dropped kerb), but to be honest, I just don't know what to do next.

I don't have the extra cash for solicitors fees to fight over boundary disputes, and to make things worse, I'm due to go and reserve my new build this weekend (which I'm obviously loathe to do with this issue hanging over me.)

Any advice whatsoever would be greatly appreciated.

SB

Guest101

starrybear wrote: »

Hi,

Apologies for the length of this post - if anyone can be bothered to get to the end, I'd really appreciate some advice!

We have a piece of land to the rear of our property that we have historically paid ground rent to a private company to be able to park on. (We own the property and a portion of the land to the rear, just not the portion we park on.) - what private company?

We've recently sold our house (but have not advertised the house as having any specific parking) and have explained the parking situation to the buyer. We've had an OK relationship with the owners of the rented land, and whilst we stressed to the buyer that it was not a permanent arrangement, we didn't envisage any problems with its continued rent by any new buyer.

Cut to last night - I arrived home to find a pick-up truck on the rented land, and my garden having been dug up to in order to install some fence posts that effectively cut off my garden from the rented land. - well that's no good (and also illegal, but let's leave that to one side) I also believe that they have tried to take more land than they're entitled to do, but neither my land registry diagram or theirs makes this clear. - Well you need to look at the deeds and your contract for parking

Having asked the (bemused) workmen to cease and take their fence posts and truck with them - which they did? , I messaged the owner of the land to ask what had gone on. He replied that our rent agreement had been terminated 6 months ago (we did actually get a letter stating this at the time, but having spoken to him, he agreed that we could continue to use it for as long as it suited him - so no formal arrangement was in place) - well yes you have a formal arrangement, just not a written one - however - he has actually recently sold the land on. I asked for the contact details of the new owner, but he wouldn't give them to me - just said he'd ask them to call me, which hasn't happened. - that's unfortunate, however LR will have those details soon

I'd just like to know where we stand on this from a legal point of view, and what the best way to progress from here would be. - whatever your contract says. Which may not be much, but assuming previously it was written down

I want to be upfront with the buyer, but don't want to spook him. I'd be willing to look at converting the front garden to parking (this would include going through the council for a dropped kerb), but to be honest, I just don't know what to do next. - Well when have you paid rent upto?

I don't have the extra cash for solicitors fees to fight over boundary disputes, and to make things worse, I'm due to go and reserve my new build this weekend (which I'm obviously loathe to do with this issue hanging over me.) - Well put up a fence of your own, today.

Any advice whatsoever would be greatly appreciated.

SB

Put up your own fence and continue to park there as long as the contract allows (I suspect it will be until the rent paid has expired

starrybear

Sorry - I haven't articulated that brilliantly - I'm upset

​As of Sept last year, there is no written agreement in place, however, I (stupidly) assumed that we'd be sent an invoice, as normal for march's installment. We didn't pick up on the fact that this was late, so it's not as if we're paid up.

I'm just so cross - it seems like whoever owns this land has waited for the 'sold' sign to go up to 'reclaim' their land.

In my situation, would you be upfront with the buyer about the current situation, or would you wait and not mention it until you could present it with an accompanying solution?

HouseBuyer77

Did you have a written contract for rental of the land?

Sounds like you sent a rent payment, which the owner accepted and that rent payment covers usage up to some point in the future?

In that case I'd say you have a strong case the rental agreement still stands (regardless of the written notice, having accepted payment he's implicitly agreed the contract continues) and the new owner may need to honor it.

However this depends heavily on the rental agreement itself. For example for a normal residential tenancy the above would hold. This isn't a residential tenancy though. Maybe the contract has a clause that allows them to cancel it without any/much notice without refund of rent for the rest of the rental period.

Edit:

Just read this

As of Sept last year, there is no written agreement in place

Do you mean there was never a written agreement in place? Or you had a written agreement but you got notice last year terminating it but there was an informal understanding that you could continue to rent it? Not entirely sure what the contract could be said to be at this point but I'd say you have some argument that by accepted rent again without an explicit new written contract the old one still stands. What exactly did the written notice say?

[Deleted User]

I dont see why the upset, it sounds like an informal arrangment and one that has come to an end.

Unless your buyer is going to pull out because he has 2 cars and wont buy because he cannot continue your arrangement I dont see the problem.

Perhaps I am missing something

FBaby

It all depends how you worded things to your buyer. If it was a case of 'just to make you aware, we've been using this land to park for many year without problem, I would assume you should able to continue this arrangement, but clearly I can't guarantee it as the LL could decide to sell themselves at any time', then I can't see it an issue. If your words were 'You'll be pleased to know that we have parking at the back. It's not officially our land but to be honest, it's irrelevant because we've always used it, we have a contract and I really cannot see it being a problem in the future, so don't worry if you are counting on this parking spot', then it might indeed be a more difficult discussion to have.

xylophone

We have a piece of land to the rear of our property that we have historically paid ground rent to a private company to be able to park on. (We own the property and a portion of the land to the rear, just not the portion we park on.)

Is there now an island of your land in the middle of the sold portion?