Buying a property with only a part of the land

srlam

Hello,
We are in the process of buying a house and haven't exchanged yet. The seller also owns the house next door that he rents as 2 flats with a garage at the bottom
He wants to change the title as part of the process:
1/He physically shifted the fence by 60 cm (with a simple wooden one - the proper small brick fence still shows the actual boundaries) between the 2 properties but haven't updated the title yet.
2/He wants to retain the 60cm land in front of "our" house and add it to the other house title. As it's semi-detached, this small land faces a bit of our wall. Apparently, this would be for a parking space. He is considering converting the garage into another flat.
3/ If we were to accept the deal, it means we will buy the house and the land minus the 60 cm land.
We are not comfortable with this change. Today, it is used to put bins and maybe later a car but what if he decides to build something else. We are also concerned about what could run underneath like pipes, electrical which would need his approval I guess to be repaired when needed?
Has anyone have any advice?
We are considering pulling out our offer. We are wondering whether they are other options to consider to make this condition more acceptable/viable for us? What should we be careful about?
Thanks

AdrianC

It's all about negotiation.

If he won't sell you what you want to buy, you are free to walk away from him trying to sell you what you don't want to buy.

yksi

You can certainly say your offer is contingent on no change to the boundary as currently listed on the title. He can take it or leave it (or counter-offer something else).

srlam

Thank you both for your feedback. We kept ourr position and buying only if we get the whole title.
They are now suggesting "Right of Access" which I will also contest.Our solicitor advised not to go with right of access because later they can dispute and claim this piece of land again.
They basically want to have access to be able to park their car on the drive of the house next door and walk around it which would imply to walk "on our land" when it happens because there is no enough room otherwise.
I don't want to give right of access but could suggest a written gentleman agreement that they can walk on our land when they park when it happens but occasionally and put this into the contract. It shouldn't be a day to day thing and only the owner can and not his tenants.
They have a garage which they want to convert at some stage to a flat so I don't want this to become a regilar thing.
Does anyone see any issue with our suggestion?
Many thanks

Slinky

This landlord sounds like a 'beds in sheds' type, how many people are actually living in the next door property.

There's no way I would be going along with any of these proposed changes - where's the benefit to you in them? None at all.

You could check the local planning requirements for car parking spaces, he may be refused even with the extra 60cm, but just decide to ignore the refusal and park there anyway without dropping the kerb

We pulled out of a property purchase where the vendor, who had built a house in the garden of the one we were buying, wanted to retain ownership of the path from our front to back gardens, and have the right to walk up our drive. This was all so he could 'maintain the back of his garden wall'.  A brand new wall which should last for years, and he was in his 80s.  He showed all the signs of being a control freak and we didn't want to live next door to him.

SallyDucati

'written gentlemans agreement' - not exactly sure what you mean, gentlemans agreements are just a catch all term for verbal agreements possibly accompanied by a handshake - nothing legal about them.

I wouldn't go down that route as it could still leave things open for the vendor/his tenants using that agreement to walk on your land for something else.

user1977

srlam said:

I don't want to give right of access but could suggest a written gentleman agreement that they can walk on our land when they park when it happens but occasionally and put this into the contract. It shouldn't be a day to day thing and only the owner can and not his tenants.

Not sure what you mean by a gentlemen's agreement which is contractual (especially as the contract is only going to be between you and the vendor, not future owners). If you actually want something permanently binding then it goes in the title.

Brie

srlam said:

They are now suggesting "Right of Access" which I will also contest.Our solicitor advised not to go with right of access because later they can dispute and claim this piece of land again.

I don't want to give right of access but could suggest a written gentleman agreement that they can walk on our land when they park when it happens but occasionally and put this into the contract. It shouldn't be a day to day thing and only the owner can and not his tenants.

They have a garage which they want to convert at some stage to a flat so I don't want this to become a regilar thing.

Only the owner can park there until he moves out and allows his tenants to use it instead.  And you will have no right to argue or complain.  And it's not a gentleman's agreement if it's in some legal document. 

Ultimately I think you should walk away from this.  He sounds like a nightmare neighbour in the making.  

srlam

Thank you all for the feedback. Yes sorry understood I used the wrong term for gentleman's agreement as it's not written. I was basically thinking a more restrictive clause for him to use When he walks on the land

Emmia

Is the vendor splitting the title (at the land registry) to retain ownership of the 60cm + garages? How does your lender (assuming you're buying with a mortgage) feel about the reduction in size & presumably value?

I wouldn't be letting him park or walk on your land and I'd probably avoid this property because of him.

lookstraightahead

What a hassle. Just walk away and find a buyer who wants to sell properly