Neighbour Dispute Over A Garage

janeybh

Hi, I rented a garage space in a block from a neighbour and I had a sectional garage built (I have the receipts) We had an internet printed form that we both signed, all was good.
Unfortunately the neighbour sold up and moved away. The new owner now wants  his space back but also wants the garage that I paid for. I said he could purchase it from me for half the original cost or I could take the garage down. He states the garage is his because it’s on his space. Things are getting fraught and he threatened to knock the garage down with my car in it. 

Where do I stand ?
Any advice would be appreciated.

Brie

Presumably you paid rent?  Do you know if there was a transfer of the tenancy to the new owner?  I can't imagine that anyone could knock down a building that someone had on another's land if rent is/was being paid.  If there was a lack of information on the sale of the property that's not your fault.  Any attempt to take the garage down with your car in it would very likely cause damage and that would definitely be the fault of the new owner.

But I am not a lawyer - others will be along shortly who know more than I do.

housebuyer143

What exactly does your contract give you right to? It seems unlikely the contract remains enforceable on a new owner and he is in his right to ask for his land back. 

Brie

housebuyer143 said:

What exactly does your contract give you right to? It seems unlikely the contract remains enforceable on a new owner and he is in his right to ask for his land back. 

I know it's not the same but if I owned a building but not the land and the land was sold I would still own the building.  Assuming it is some sort of leasehold then this should have been stated as part of the sale of the land the same as someone selling the freehold on which a building stands.  People sell freeholds all the time without directly affecting the leaseholder.  If this is a leasehold/freehold situation.  As you say it will depend on the "contract".

MeteredOut

It's all about the contract. If that's not watertight, then I expect the new owner has the right to remove any building that someone else has built on their land, and could feasibly get a court-order to have you remove it at your own expense. I can't see him having a legal right over the garage, but what if the previous owner/their solicitor somehow included it in the sale...

janeybh

Hi guys, thanks for the replies. I did pay rent, contract I had with the ex owner is now dead.
I do not want the space just the sectional garage that I paid for.
Can he break into the garage where I have a car stored ?

MeteredOut

janeybh said:

Hi guys, thanks for the replies. I did pay rent, contract I had with the ex owner is now dead.
I do not want the space just the sectional garage that I paid for.
Can he break into the garage where I have a car stored ?

If you have no legal agreement in place with the new owner, you have no right to park on his land and, most likely, have no right to have a building on his land. I suspect he can't damage your property on his land, but could enforce you moving it.

From the sounds of it, your choices are to let him have it (or try to negotiate a lower price) or take it down and sell it.

Brie

I would send a nice polite letter pointing out that any damage to the building may damage the car which would then need repairing at his expense.  State politely that you understand the garage needs to either be sold to him or removed by you and give a deadline (1 week?) for him to pay you X or a further deadline (2 weeks?) to give you time to remove the building.   And thank him for his patience and understanding even if you have to do so through gritted teeth.  Hopefully he won't be a prat.

GrumpyDil

They downloaded a form from the Internet so very very unlikely that this is a leasehold/freehold situation.

I do wonder how this didn't come up during the purchase process but I would say the agreement is most likely not enforceable on the new owner and op is likely viewed as a trespasser.

If the new owner damages the garage then they would be guilty of criminal damage but I think best option for OP is to remove his car and garage from the location. 

The garage can't belong to to the new landowner as the seller would not have had title to sell something he didn't own. 

Flugelhorn

sounds like the problem is that the old neighbours didn't mention any of this at the time of sale, I wonder if the new buyer was told that the space was his and none of your agreement was mentioned in the property information form

Olinda99

the garage belongs to you

sell it to him or take it down and remove it