Beneficial Interest

AdrianC

maccin123 wrote: »

Adrian, trust me I am far from lazy, I have several 24 hour business which dont permit me to have a clear few days off at a time to do what you suggest.

Fine. So point and pay. Plenty of casual garden/handyman labour about that'll do that, cash in hand, inexpensively.

Maybe half an acre is an underestimate

https://www.daftlogic.com/projects-google-maps-area-calculator-tool.htm
Google Maps area measurement tool

Ultimately thanks for the advice but I would like to own it if I am putting in this effort to maintain it.

So you're going to stare at the overgrowth and sulk while you wait for the legals to fall into place? And, if they don't...?

maccin123

I appreciate how solicitors work. But I often find from my experience using someone with some prior knowledge is best. Any solicitor can research the law but when it comes down to court if they have little previous experience they do not always have an idea of outcome. Also, I have already paid for advice on the matter, that is the point I am trying to make if it is not clear. But the people I am using want more and I see it costing a lot, making the process unviable.

Yes I am currently sulking big time, I am sure I will get over it soon. Thanks for the google maps tool turns out it is 0.77 acres.

xylophone

Once this is done I would then be left with so much waist

I'd have thought that after all that exercise you'd have much less waist.:)

The legal title remains vested in the divorced couple.

The IS have not "repossessed" the land.

The IS has claimed entitlement to any sale proceeds.

If the ex wife wishes to sell against the wishes of the joint owner, then presumably she will need to go to court to get an order for sale?

If successful, presumably she then gets her half of whatever you pay and the IS claims the balance?

silvercar

I recently moved into a house and there is a piece of land at the side that is over grown above head height.

.... it is blocking my view and encroaching onto my garden.

To confirm, this piece of over grown land, is only accessible and visible from my house, the owners (husband and wife) would have to walk down my drive way and over my back garden to get to it.

So it is at head height, and the other side of your back garden. It can't actually be blocking your light, though I accept your view may be interrupted.

Either employ someone to get it down to a reasonable height, or pour weedkiller over it and let it all die off. It isn't part of your garden, so you could plant a hedge to block the view at ground level. No harm in leaving the cut down debris on the ground to rot.

I'm surprised the insolvency service aren't making an effort to sell it, to release the money that the bankrupt owes. Maybe you could put some pressure on them.

maccin123

The Insolvency service have said they will sell their 'beneficial Ownership'. So I would have rights to the land, but the husband and wife would still be legal owners.

MEM62

maccin123 wrote: »

So they can never legally access it anyway, because I would never let them and I have gates.

If there is a health issue caused by the state of the land you may be able to compel the owners to clean it up with the support of your local authority. Can't see how they would be able to do that though based on your statement above.

getmore4less

who else has land adjacent to this piece that is causing you the problem.

Might they be interested in helping.


Any protected plants or animals living on the plot?

maccin123

I am in the sticks, so the land after this is agricultural farm land. The farmer is not fussed by the over grown land.

There are rats etc which are bigger then my cats that come in and out of the overgrown area, but I am not sure if this would be sufficient to get them to clear it.

TBagpuss

If no one bt you is bothered by it and no one but you can access it, then I would suggest that you do as much clearing as you nedto for it to not bug you, and forget about the legal ownership.

If the wife does genuinely own the whole of the beneficial interest then she could potentially apply to court to get the paperwork signed by a Judge instead of by her ex husband, but I don't see that you have any standing to do so as you don't own or ahave any interest in the land.
I suppose that you could ask the wife to sever the joint tenancy, sell you her half then as an owner seek to force a sale of the land but it would be complex and expensive - potentially £10,000 or so.

I susepoct that just getting rid of growth you see as an eyesore is probably a lot cheaper.

Of coruse, if the situation is that you are saying it ought to have been transferred to you when you bought the house and wasn't, then you have a slightly differnt asset, but it doesn't sound as though you ever thought it was yours.

getmore4less

I have sort legal advice from 2 separate solicitors who I have used for years

Why not put that highly relevant information in the first post?