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Buying a flat. Downstairs neighbour's huge summerhouse/office in shared garden, legal?

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  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    It’s just not really clear exactly what this “amicable agreement” you’re hoping for would involve. It’s a large shed. Either it’s there, or it’s not. There isn’t really any half way compromise here that I can see.



    28283242_S.jpg
    If you want them to remove it, asking nicely is unlikely to result in anything other than annoying them. If they refuse after asking nicely, taking any more official routes will only escalate the annoyance.

    If you’re happy for it to stay there, then there is nothing to be gained by raising it with them at all.

    Maybe you could describe the amicable compromise you have in mind?


    https://lifestyle.inquirer.net/308503/norwegian-jailed-sawing-next-doors-shed-half/
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    y3R2zOn.png

    Think you might need to explain that.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I can't understand what the attraction is of this particular maisonette? Aren't there any others available that don't have massive sheds in the gardens? Is this one cheaper than usual because other buyers have been put off by the shed?



    If you are having these kinds of thoughts now it is always best to find a different property.
  • ^^ Green box is the combined upstairs and downstairs boundary, blue is the maisonette's footprint, white is outdoor space, and red box is on our deed.
    Left of the image is the street and front garden, right is the back garden. Top-right white space is where the summerhouse is.
  • passthepigs
    passthepigs Posts: 25 Forumite
    Third Anniversary
    edited 25 April 2019 at 1:14PM
    I can't understand what the attraction is of this particular maisonette?
    Fair question: It's an end of terrace which are rare in the area, meaning larger proportions whilst still benefiting from the period features like sash windows and high ceilings, and also it has a long lease. The area that is earmarked for a lot of new high-end residential (already evident) and therefore the other conveniences that come with that. Good transport links too. So those combined with a good price that is somewhat lower than similar even a few streets over.
  • passthepigs
    passthepigs Posts: 25 Forumite
    Third Anniversary
    edited 25 April 2019 at 1:27PM
    OP, I think the only question you have to ask yourself is 'Can I live with this structure next to my bit of garden?'. If the answer is 'Yes', go ahead and buy, knowing that it is likely to remain there.

    Yes

    I am enjoying this discussion but I don't feel we will resolve anything more, so if your time is better spent elsewhere I won't be offended! I shall continue to reply if you feel there's more to say, below are my learnings:

    >MSE'er have cited various legalities I could look into and this will be a useful pool of information for the future should the need arise
    >Regardless of whether or not it is a legal structure, it likely won't be going anywhere
    >If it bothers us then don't move there and look for somewhere else. It will be fine if it stays
    >If it doesn't bother us then why are us MSE'ers still talking about it? I said from the start this was to ascertain some informal facts about shared garden and planning/building control, and if anyone had similar experiences :)
    >I should check my typing and not use any hyperbole or sarcasm in these forums as it doesn't translate :D

    Thank you again!
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    y3R2zOn.png
    ^^ Green box is the combined upstairs and downstairs boundary, blue is the maisonette's footprint, white is outdoor space, and red box is on our deed.
    Left of the image is the street and front garden, right is the back garden. Top-right white space is where the summerhouse is.
    OK, so first off, I very much doubt "everything red is 100% you, everything outside red is 100% downstairs".

    What's far more likely is that you're totally misunderstanding, and the red is 100% shared.

    That apart, that shed box is not 50% of anything.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Fair question: It's an end of terrace which are rare in the area, meaning larger proportions whilst still benefiting from the period features like sash windows and high ceilings, and also it has a long lease. The area that is earmarked for a lot of new high-end residential (already evident) and therefore the other conveniences that come with that. Good transport links too. So those combined with a good price that is somewhat lower than similar even a few streets over.


    The good price is because there is some sort of problem with it. The problem could be the neighbour's shed. Or it could be some other problem that you haven't found yet. Good prices are always good because there is some sort of problem. If there wasn't a problem it would be a higher price.
  • Rosieandjim
    Rosieandjim Posts: 254 Forumite
    edited 25 April 2019 at 3:34PM
    When you look out of your rear windows do you only see this massive shed? Not a nice view to look out onto if so.


    Also I would be concerned about noise as Victorian conversions are notorious for this and would be a red flag.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Have you checked the planning portal for all planning and building regs for this unit and those around you if you go ahead and buy this place?
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