Renting a strip of land from the neighbour

_Sam_

Hello all,

We just bought a house and very strangely the neighbour on one side AND the neighbour at the back fenced their gardens so as to leave a small strip of land between their fence and our boundary line. Each approximately 1-1.5m wide.

We have dogs and will need good fencing. But, I was thinking since the neighbours on these sides have the fences already, could I approach them to ask if they would rent me those strips of the land, so that their fencing becomes the boundary of my garden. (I would only need to add a panel where the fences of both neighbours do not meet.)

I'd love to offer to buy the land but we spent all on the house and need lots doing inside before this becomes possibility. That's why I'm thinking about rent.

I'm not sure about the reasonable money that I should offer to my neighbours in these circumstances. The neighbour at the back has a tiny brick shed on this strip of land, which I would offer to rent too, so this could raise the price a bit. The neighbour on the side is just grass, also their plot is a foot or so higher than out plot so that strip of land is almost like a little hill leading up to their fence.

Also, does renting in these circumstances require solicitors to make things formal? 

Many thanks in advance

martindow

I'm not sure I understand the set up here, but if their fences are set back from where the boundary should be, don't you in effect have a larger garden?  Your dogs can wander up to the fence and presumably the neighbours won't object.  Dogs know about fences but won't stop at an unmarked boundary line.

I would just use all of your official garden plus the extra bits and not muddy the waters about buying or leasing areas that they appear happy for you to use.

_Sam_

martindow thank you - I should have added there is a low hawthorn hedge to mark the boundary line, the hedge belongs to us. When we were viewing the house, I asked the vendor what's with the strip of land beyond the hedge - the vendor said it belongs to the neighbours, the neighbour on the side gets someone to move it once a year, and the neighbour at the back rebuilt the shed recently (apparently it was falling down). The shed is some sort of storage as it's only about 5 feet high.

I'm planning to re-pant the hedge in different parts of the garden, as it's decorative only, but didn't want to just start "using" the neighbours land especially because I would need to add a panel - actually two, one near my house to block the dogs' exit to the front, and one at the back to connect the both neighbours fences. I can install these panels without any damage to the neighbours fences i.e. just right close to them, but this would meant installing something on their land which is also not a good idea without asking.

_Sam_

move = mow! 

canaldumidi

_Sam_ said:

move = mow! 

and 're-pant' ....!?

canaldumidi

This is a time for tea and cake.

Have a friendly chat with the neighbours involved and try to find out why they've put their fences up where they have and how they feel about you using that land?

I would not just start using it as martindow suggests. Sure - there might be no problem, but neighbour disputes can arise easily and cause endless headaches. Better to get things clear.

Might be worth buying the Title Plans for each of the neighbours too, just so you confirm exactly where their boundaries are.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

As for renting, well, if they don't just say"Hey no problem, just use the land" then by allmeans offer to rent. Value? Entirely down to negotiation. This land has no 'market value' other than how much you want it and how much they don't! Start with a token offer and take it from there. If they start asking for sily money that you're not prepared to pay, then think again.

No solicitor needed. A simply single page agreement signed by both is fine. It should clearly specify * what is being rented * at what rent * for how long * whether rent can be reviewed ad when * what happens if either side wants to end the ageement * any conditions (eg keeping the land well maintained?) * fencing (eg to keep the dogs in!) etc

Sign, date pay and off you go!

_Sam_

I did buy the neighbours' plans - when we had the offer accepted The boundary between us is definitely the hedge. Will talk to the neighbours once we move in eventually, just hoping to research the options as with the dogs fencing is first priority and it would be great if we don't have to splash out for anew fencing on two sides as the garden is big as it is!

pretamang

instead of rent perhaps offer to mow it for him?
A friendly chat should do it, can't see that he'd be concerned about your dogs going on it if he wasn't that bothered in the first place to fence it in

user1977

Have they got a mortgage? They can't lease bits of their property without their lenders' consent - and this would be an odd sort of lease for lenders to get their head around.

Admittedly they'd also need lenders' consent to sell you the strip, but at least that's a relatively commonplace sort of request.

canaldumidi

user1977 said:

Have they got a mortgage? They can't lease bits of their property without their lenders' consent - and this would be an odd sort of lease for lenders to get their head around.

Admittedly they'd also need lenders' consent to sell you the strip, but at least that's a relatively commonplace sort of request.

Is there not a significant legal difference between leasing the land (eg a permenant land right for a number of years), and renting it?

theoretica

user1977 said:

Have they got a mortgage? They can't lease bits of their property without their lenders' consent - and this would be an odd sort of lease for lenders to get their head around.

Admittedly they'd also need lenders' consent to sell you the strip, but at least that's a relatively commonplace sort of request.

As is renting out a room, or a parking space common.

Also think about maintenance of the fences - at the moment they are their fences, to maintain, or replace, or not as they please.  You want to make use of them because they are good fences, but what would happen if a panel blew down?