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Neighbour Dispute Over A Garage
Comments
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1) without seeing the internet form/agreement (contract, deed, lease or whatever) we are guessing. OP should provide details or seek legal advice (rtaking the form to a solicitor).
But it appears
2) the new property owner owns the 'space' (land the garage sits on)
3) the OP owns the garage structure and apparently
4) no on-going agreement exists between new owner & OP
What's more, the OP appears not to want the space anymore, or at least to be happy to give it up. So
5) the simple solution is for the OP to remove his car and anything else he owns from the garage, and then remove the garage, leaving the new owner with the bare space that he owns.
What is there then to dispute?
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ThisIsWeird said:I don't think the ex-neighbour is deceased, just sold and moved away.The OP acknowledges that the contract they had is now void, but just wants their physical garage removed from the space, presumably to reuse or sell.
Good spot! I misread this statement: "contract I had with the ex owner is now dead" as meaning that the owner was dead, not the contract.
In that case, can you get hold of the previous owner and get them to weigh in?
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Herzlos said:ThisIsWeird said:I don't think the ex-neighbour is deceased, just sold and moved away.The OP acknowledges that the contract they had is now void, but just wants their physical garage removed from the space, presumably to reuse or sell.
Good spot! I misread this statement: "contract I had with the ex owner is now dead" as meaning that the owner was dead, not the contract.
In that case, can you get hold of the previous owner and get them to weigh in?1 -
This, almost certainly, comes down to what is written in that 'contract'. And/or what was written in the TA10.This 'contract' either has some legal bearing - in which case this is an issue for the old neighb and the new to resolve - or it is legally defunct, which the OP, herself, has said it is; 'it's dead'.Unless specifically excluded from the sale, I understand that full title transfers to the new owner; all the land, and everything on it.It would be interesting to see what's written in the neighbour's TA10 form. I wonder if it excludes the 'garage'?! I suspect not.I wonder what was mentioned in the sales partics. Not that the EA's outline is legally binding, if that mentions only a 'parking space', then Janey should have a stronger case as the new neighbour should have had little initial expectation of more - and then the TA10 should hopefully have confirmed it.(I've had a look at a TA10. It lists 'shed' and 'greenhouse' as items to declare either way on the outdoors list, but not 'garage', which comes as no great surprise as its physical presence should be enough to consider it included. Of course, there's room to add to that list - I wonder if the old neighb put anything down!)I suspect this will become one of these frustrating threads where the OP withholds - or simply does not know, and doesn't take action to find out - the necessary information to go any further.)1
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propertyrental said:1) without seeing the internet form/agreement (contract, deed, lease or whatever) we are guessing. OP should provide details or seek legal advice (rtaking the form to a solicitor).
But it appears
2) the new property owner owns the 'space' (land the garage sits on)
3) the OP owns the garage structure and apparently
4) no on-going agreement exists between new owner & OP
What's more, the OP appears not to want the space anymore, or at least to be happy to give it up. So
5) the simple solution is for the OP to remove his car and anything else he owns from the garage, and then remove the garage, leaving the new owner with the bare space that he owns.
What is there then to dispute?We cannot help the OP, as she has only provided a fraction of the information needed.I doubt that a second hand sectional garage has any value, so I don’t know what the argument is anyway. Won’t it cost more to dismantle than it can be sold for?No reliance should be placed on the above! Absolutely none, do you hear?1 -
@janeybh are you going to update this yet ?0
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Assuming there was a contract, even if only verbal, then the seller should have either declared it to the new buyer or given notice to OP that they were selling and so needed to end the contract.I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.4
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GDB2222 said:I doubt that a second hand sectional garage has any value, so I don’t know what the argument is anyway. Won’t it cost more to dismantle than it can be sold for?
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ThisIsWeird said:Unless specifically excluded from the sale, I understand that full title transfers to the new owner; all the land, and everything on it.You can only sell what you own.The "everything on it" includes liabilty to third parties - such as respecting the ownership of items of property for the time being remaining on the land.The issue here is the apparent failure of the vendor to make the purchaser aware that a third party had some kind of right to use the land, and that the physical garage wasn't part of the sale. That failure doesn't automatically grant the purchaser (of the property) ownership of everything on the land.2
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I also misread the vendor being dead! In which case a relative selling the house might have been ignorant of the garage contract with OP. But as the neighbour was the vendor then the OP has more of a gripe with the former neighbour than the new one. The former neighbour's house-sale benefitted from a garage on their property. They acquired a garage and OP's rental payments for it.I think the best approach might be to recover your belongings and chalk it up to experience.1
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