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Renting a strip of land from the neighbour

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  • user1977
    user1977 Posts: 17,804 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    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?

    A lease is a lease. You'll need lender's consent no matter what you call it. They won't be impressed if they try to repossess and find a third party occupying the garden.
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 18 February 2022 at 5:11PM
    user1977 said:
    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?

    A lease is a lease. You'll need lender's consent no matter what you call it. They won't be impressed if they try to repossess and find a third party occupying the garden.
    What about a licence to occupy?
    Lenders rarely care about, or need to be informd about, lodgers for example.

  • user1977
    user1977 Posts: 17,804 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    user1977 said:
    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?

    A lease is a lease. You'll need lender's consent no matter what you call it. They won't be impressed if they try to repossess and find a third party occupying the garden.
    What about a licence to occupy?
    Lenders rarely care about, or need to be informd about, lodgers for example.

    A licence to occupy is a licence to occupy.

    A lease which pretends it's a licence to occupy is still a lease.

    Renting a specific strip of ground for a specified term for a rent is going to be a lease.
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 18 February 2022 at 6:54PM
    user1977 said:
    user1977 said:
    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?

    A lease is a lease. You'll need lender's consent no matter what you call it. They won't be impressed if they try to repossess and find a third party occupying the garden.
    What about a licence to occupy?
    Lenders rarely care about, or need to be informd about, lodgers for example.

    A licence to occupy is a licence to occupy.

    A lease which pretends it's a licence to occupy is still a lease.

    Renting a specific strip of ground for a specified term for a rent is going to be a lease.
    But a licence to occupy which is not a lease pretending to be a licence to occupy, is a licence to occupy.....
    So Op could arrange it without a specified term.

  • user1977
    user1977 Posts: 17,804 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 18 February 2022 at 7:23PM
    user1977 said:
    user1977 said:
    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?

    A lease is a lease. You'll need lender's consent no matter what you call it. They won't be impressed if they try to repossess and find a third party occupying the garden.
    What about a licence to occupy?
    Lenders rarely care about, or need to be informd about, lodgers for example.

    A licence to occupy is a licence to occupy.

    A lease which pretends it's a licence to occupy is still a lease.

    Renting a specific strip of ground for a specified term for a rent is going to be a lease.
    But a licence to occupy which is not a lease pretending to be a licence to occupy, is a licence to occupy.....
    So Op could arrange it without a specified term.

    Yes. Though that won't help them if the lender has conditions which still catch it e.g. taking Nationwide's as a random example:

    "You must not change the use or occupation of the property without our written consent. This includes leasing, letting, licensing or parting with possession of it, or any part of it."

    Anyhoo, no lender here as it turns out.
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