Access to Shared Shed - now a rental property

Formosa

Davesnave wrote: »

OK, this is somewhat clearer now.

Division is the only option, as the title documents haven't been amended and still state there should be a party wall. Just like the right of way, which cannot be extinguished, there is no way the neighbour may legitimately argue against it.

I would ask your solicitor to write to them pointing these things out in the strongest terms and advising that immediate, unconditional access must be granted, so reinstatement of the dividing wall may begin.

All the hogwash about stress and the impossibility of re-design should be ignored. How you alter the portion that is yours to ensure your continued access is none of the neighbour's business.

Having gained access, follow through by having the original dividing wall/door reinstated, or if access is not provided, then have your solicitor use the court to order the same.

This sounds like a good way forward, thank you for the advice and response - although they will definitely have things to say about it and organising access to get the wall put in may be difficult as you can imagine!

Would the fact that they did and paid for all the initial changes have any bearing on this situation?

rachael88

Just a thought but do they have any proof that you agreed to the dismantling of the dividing wall and removal of your door way?

moneyistooshorttomention

They're bound to come up with more wittering about how much "stress" this is costing them and any/every excuse under the sun. I'm expecting them to come out with a very convenient "major illness" any minute and, if they can't find anything else, they might get their doctor to certify that they are suffering from "Anxiety and Depression" to make out that you are being unreasonable (though you obviously aren't).

So, in your position now, I'd say that strongly-worded letter from your solicitor sounds like the appropriate first step to take to regain your property.

If they do start playing the "I'm so ill/I'm so stressed" card to try and "get out of jail free" - then you could hold it in reserve the possibility of sending them a 2nd letter saying that you are prepared to consider the matter closed if they purchase "my share of this building" off you for a reasonable amount. That's "reasonable" and not "cheap". Don't know what figure you might consider appropriate - I'm thinking of a figure of £10,000 and your legal costs. The letter to be phrased along the "Take it or leave it - it's that figure or I take my property back. There'll be no price negotiation - as this is causing me "Anxiety and Depression" ".

Yep....two people can play the "I'm ever so Stressed - and I'll say I'm ill if need be" card:cool:

EDIT; What they don't know is that - if absolutely else failed and you couldnt get your part share of the building back or money out of them to buy it from you = my personal "If all else fails fallback option" would be a letter to my mother officially authorising her to be my agent on my behalf and she would get that key off them and take in some huge plastic containers and some bags of quick-drying cement and they'd find your half of the building was filled with these containers, with the cement set solid in them. Any of their possessions in my half of the building would have been relocated into their garden to make room for those containers to totally fill my half of our building. They wouldnt get their ill-gotten gains of my half share of the space.

But I feel pretty confident you will be able to get either your share of the space or payment for it out of them and that won't be necessary.

Davesnave

rachael88 wrote: »

Just a thought but do they have any proof that you agreed to the dismantling of the dividing wall and removal of your door way?

It doesn't matter; the title documents were not altered and the RoW still exists. Documentation trumps informal agreements.


EDIT: A further point is that the documentation would need alteration anyway if either party were to sell.

When we purchased our house, the neighbour had negotiated a different route for their access across this property's land,. We insisted on the deeds of both properties being altered to reflect this before purchase, just in case they changed their minds etc. Deeds should not be at variance with reality.

Davesnave

moneyistooshorttomention wrote: »

They're bound to come up with more wittering about how much "stress" this is costing them.

Yes, but no one has to take any notice.

What it's costing them is the potential for others to come through their property via the RoW. Remove the reason for these visits and their privacy (and house price) improves.

It's very similar to Young Blue Eyes' thread a week ago, except in this instance they gain a whole shed, which is quite valuable storage when living in terraced houses with limited outdoor space.

Norman_Castle

Formosa wrote: »

I had also been emailing them regularly but in the last email I received in reply the neighbour asked not to be emailed again as she was too busy and found it stressful. My mother also agrees that they have essentially tried to take possession from the off and tricked me into it so maybe a strong final email suggesting I may need to seek legal advice and that costs would be their responsibility and something about dividing the shed / another access door (although when I mentioned that as a possibility before they said that wasn't an option due to the redesign needed)

Asking you not to email is ridiculous and simply an attempt at maintaining the current situation. Contact them and explain the shared shed doesn't work and you have no option than to reinstate your previous access door and the dividing wall. If you're confident about your ownership and access solicitors aren't needed. Contact a local builder for quotes to reinstate the access door and wall.

If the property is mortgaged is your lender aware of the changes, its possible they may not like it which is leverage for reinstatement.
Selling the shed and access would solve the problem which would add value to their property and avoid solicitors or building costs. What's half a shed worth?

moneyistooshorttomention

Davesnave wrote: »

Yes, but no one has to take any notice.

What it's costing them is the potential for others to come through their property via the RoW. Remove the reason for these visits and their privacy (and house price) improves.

It's very similar to Young Blue Eyes' thread a week ago, except in this instance they gain a whole shed, which is quite valuable storage when living in terraced houses with limited outdoor space.

The £10,000 I'm thinking of is far from unreasonable amount to buy this half share then - bearing in mind the house value (dependant on what part of the country we are talking of of course) could increase by £20,000 without the ROW across the garden the neighbour currently has.

This may very well be what the neighbour is up to in fact. In OP's position - I'd be getting valuations for the neighbours house (a. as it stands currently b. without that ROW and with full use of the shed).

As there is a ROW and these things basically can't be abolished - then OP could get a builder in to knock a hole through the wall into their bit to achieve access if need be (said builder to be prepared to enlarge that hole back into being a door again).

EDIT; OP could contact Land Registry and for £3 per document (online price) or £7 per document (getting it sent on paper price) get copies of:
a. The neighbours title plan.
b. The neighbours Register entry.

It will state on the Register entry whether the neighbour still has a mortgage or no.

EDIT; I am wondering if OP's mother is someone capable of being "firm" enough with these neighbours that she would stand her ground with them and walk on her ROW/take a builder with her to do it or whether OP needs to designate a "stronger" person to be their agent and do this "standing the ground"?

Davesnave

moneyistooshorttomention wrote: »

EDIT; I am wondering if OP's mother is someone capable of being "firm" enough with these neighbours that she would stand her ground with them and walk on her ROW/take a builder with her to do it or whether OP needs to designate a "stronger" person to be their agent and do this "standing the ground"?

That's for the OP to decide. My MiL could, and she's 83! :rotfl:

Okrib

Please do keep us updated and I hope the neighbour gets their comeuppance. I hate people who act like this. It's morally wrong and incredibly selfish / entitled behaviour.

I would absolutely have a legal letter sent immediately. If you really don't need the shed (or could in the future build one in your garden) then I would also consider selling it, but only for a sizeable premium - plus legal costs. I would also be asking for a theoretical valuation from a local agent of what the extra space might add in terms of value, and then I would at least double it.

Finally, the land registry suggestion is a very good one. There are potentially all kinds of options open to you there, depending on whether there is a mortgage involved. I would suggest it might have insurance issues for your neighbours as well if they have illegally removed a party wall. You just can't do that.

moneyistooshorttomention

Davesnave wrote: »

That's for the OP to decide. My MiL could, and she's 83! :rotfl:

:rotfl:Yes - some would - but I would wonder about whether my own mother could do so. Though they might have other worries (like who she'd be phoning, etc) - but she wouldnt physically "stand there and stand up to them".

Now my father - in his heyday (ie at full height of his mental powers) and he'd just stand there and"have the facts and out-argue them":rotfl: He'd be perfectly pleasant and polite - and have all the facts at his fingertips and keep going....