PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Neighbour Dispute Over A Garage
Comments
-
I'm a little confused as to what the problem is as people seem to be answering based on different issues. Are you saying you're happy to give up the space but you want the actual garage itself (which you paid for) but the new owner states the garage belongs to him, not just the space?
He has no right over the garage itself if you paid for it. Whether he was under the belief it was included in the sale or not is not your problem. However I don't understand the debate nor the threats. Just take your car out, take down the garage and leave it be. He clearly isn't willing to buy it.
Certainly a good way to bond with your new neighbours anyway!2 -
It all sounds a bit of a mess. I suspect previous owner didn't disclose your agreement to the new owner, hence his surprise that you intend to remove the garage. It's not clear what sort of agreement you had with the previous owner but he should have brought it to an end before selling and made clear that you needed to remove the garage and your car by completion. If the new owner wanted the garage he could have negotiated for the previous owner to buy it from you first.
0 -
Seems like your rental of the land has ended - so finding somewhere else for your car is necessary - and would mean it isn't in the building to be damaged if he does knock it down.He has declined your offer to purchase the building, so if you want it then go ahead and take it, don't see how he can stop it. What I think would be problematic is leaving it sitting there to take down later at a time of your convenience. You don't want to be the one knocking down a building with his stuff in.But a banker, engaged at enormous expense,Had the whole of their cash in his care.
Lewis Carroll0 -
I don’t think anyone can give useful advice without knowing what this “internet printed form” actually says.
If it’s a lease then the change of landlord doesn’t in itself affect the tenant’s rights.3 -
Ignore. Didn't read the ops post correctly0
-
Remove your stuff from the garage and lock it up. That way at least you can't lose any stuff should it go further pear shaped.
Then you need to decide whether you want to spend time/money getting the garage dismantled and moved or whether to just write it off.
0 -
I'm not a lawyer but doesn't a change of ownership of land require a deed to make the arrangement run with the land ie. binding on subsequent owners?
Doesn't the transfer of land as recorded by the land registry include stuff that's built on the land or attached to it? Like a garage? The new owner isn't party to any past arrangement; I think you need legal advice...hopefully someone will post a proper explanation soon.
I agree the garage contents belong to you..and the new neighbour can't keep them or damage them.0 -
From the new owners perspective - I've bought a house with a garage but the neighbour is telling me they own the garage that is on my land? Whaaat? As the previous owner died, they probably won't have been able to clarify the situation with the new owner. Whether your contract will stand up to a legal test will depend on what it says. If it was me, I'd either tell the new neighbour you will remove the garage, or just give it to them. What are you gonna do with the garage anyway?1
-
Titus_Wadd said:I'm not a lawyer but doesn't a change of ownership of land require a deed to make the arrangement run with the land ie. binding on subsequent owners?
Doesn't the transfer of land as recorded by the land registry include stuff that's built on the land or attached to it? Like a garage? The new owner isn't party to any past arrangement; I think you need legal advice...hopefully someone will post a proper explanation soon.
Maybe the OP can clarify whether this “internet printed form” (or any subsequent agreement) deals with improvements made by the tenant (if they are a tenant)?3 -
janeybh said: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.
I fear, tho', he may legally be in the right, since you didn't take steps to clarify matters when the house sold. I have to ask - why didn't you? And, what does this 'contract' say - does it include that you continue to own the garage, and may remove it at any point you wish? If so, that could be useful, and this resulting unpleasant issue is actually one for the old and new neighbours to resolve - clearly the old didn't fill out their SIP properly!
From reading similarish threads, tho', it seems to be the case that anything that is 'affixed' to the land is included as part of it as far as ownership is concerned. I certainly understand that is the presumption when you buy a property; anything fixed to the ground within the boundaries is part of that property. He bought his parking space on which was built a garage, and he now owns the garage which is clearly affixed to it. An item placed on the land is not the same - vehicles, a timber shed, etc. Think it through - when you buy a new home, you don't say, "Hmm, nice garage with this house - I wonder who it belongs to?"
What's the full story here, Janey? Why didn't you sort this out as soon as you knew the house was up for sale, as you should have? Did you expect the new neighbour to continue the old arrangement? If so, that was naive at best. What did you say to the new neighbour about this garage with your car inside it, and in what manner?
From what I understand - but I am no legal expert - the situation would appear to be;
1) You almost certainly have no legal right to continue keeping your car there. Challenging this will almost certainly be both costly and futile.
2) You very likely have no legal right to the garage either. However, the circumstances - your clear written agreement with the previous owner - could 'grey' the matter to some degree depending on what is included in the wording, but almost certainly a 'win' would go no further than your possible right to remove the garage. Can you evidence that it was never the intention that the ex-neighbour would own the garage you built there, and that you could remove it at any time?
3) Ultimately I suspect the neighbour can take action to remove your car, and forbid you from removing the garage - a simple injunction would do this, and woe betide you if you breach it.
4) Until your neighbour takes proper legal action, then he has an obligation to not cause damage to your car. But that situation isn't going to last for long.So, what to do?One option is to make it a fait accompli; dismantle and remove the garage, ideally when the neighbour is at work... He'd be nuts to try and take retrospective action, especially after his threats to demolish the garage with your car inside it*. Your reason for taking this f-a action would be that you were actively investigating your legal rights, and engaging with the neighbour in reasoned terms; you would, of course, have conformed with the correct legal outcome, but this was currently not clear. 'Unfortunately', the neighbour then threatened to demolish the garage with your car inside it, so you took quick action, both to protect your property, and to prevent a titfortat action - him suing for ownership, you ditto for criminal damage. You had strong reason to suspect that this neighbour was simply going to act in a criminal manner.Or, you keep lowering your asking price until he might go 'ok'. Your lever is that you 'believe' it's not a simple case, and if he pursues this legally, it'll cost him. If he takes direct action, it'll be criminal damage - and you have already recorded that he has threatened this.
Or, take your car and leave.Or, take legal action. I suspect your chance of success is less than zero.*And, if he did take action, what would his claim be for? What value? After all, he did say he'd knock it down, so it can't be worth much to him.
0
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.2K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.3K Spending & Discounts
- 240.7K Work, Benefits & Business
- 617K Mortgages, Homes & Bills
- 175.6K Life & Family
- 253.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards