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Neighbour Dispute Over A Garage
Comments
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Titus_Wadd said: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.
TBH, the fact the former neighbour is still alive and well rather makes the situation more confusing, not less.
You could understand an Executor just not knowing about whatever informal agreement there was about the garage.
One assumes that the OP had a good relationship with the former neighbour, houses do not sell immediately, so it is very odd that the former neighbour did not have a discussion with the OP to agree the arrangements about the garage and the car ahead of the property even being marketed, let alone sale completion.
Unless this was the former neighbour had to move with no notice and is now uncontactable because the local drug barons had a price on their head. This type of thing is really more linked to films and TV not real life. If this is the situation, how does the OP know the former neighbour juts moved away and is not deceased and the new neighbour is the godfather who just took over the property0 -
The OP wrote:
“Hi guys, thanks for the replies. I did pay rent, contract I had with the ex owner is now dead.”
No reliance should be placed on the above! Absolutely none, do you hear?0 -
In the OP they said "Unfortunately the neighbour sold up and moved away."
I read your quoted bit as them feeling the contract is "dead" rather than the person...
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Jonboy_1984 said:In the OP they said "Unfortunately the neighbour sold up and moved away."
I read your quoted bit as them feeling the contract is "dead" rather than the person...No reliance should be placed on the above! Absolutely none, do you hear?0 -
Jonboy_1984 said:In the OP they said "Unfortunately the neighbour sold up and moved away."
I read your quoted bit as them feeling the contract is "dead" rather than the person...
That does not explain things though.
We have to assume that the OP and the ex-neighbour have a good relationship for there to be agreement for the OP to use and erect a garage on the neighbour's land with only an informal agreement in place about the payment for the use of the land.
That informal agreement was always at risk of falling apart if there was a disagreement - either the OP not paying or the neighbour refusing access to the garage and the recovery of the car.
It is very odd that the ex-neighbour simply moved away without discussing and agreeing (instructing) with the OP what would have to happen with the car and garage before selling the house.0 -
Grumpy_chap said:Jonboy_1984 said:In the OP they said "Unfortunately the neighbour sold up and moved away."
I read your quoted bit as them feeling the contract is "dead" rather than the person...
That does not explain things though.
We have to assume that the OP and the ex-neighbour have a good relationship for there to be agreement for the OP to use and erect a garage on the neighbour's land with only an informal agreement in place about the payment for the use of the land.
That informal agreement was always at risk of falling apart if there was a disagreement - either the OP not paying or the neighbour refusing access to the garage and the recovery of the car.
It is very odd that the ex-neighbour simply moved away without discussing and agreeing (instructing) with the OP what would have to happen with the car and garage before selling the house.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.1 -
Thanks for all your replies. The neighbour states the garage is on his deeds although I haven’t seen them. I had a contract with the previous owner but that ended when he sold up. Can the new owner break into the garage, is this criminal damage ?0
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janeybh said:Thanks for all your replies. The neighbour states the garage is on his deeds although I haven’t seen them. I had a contract with the previous owner but that ended when he sold up. Can the new owner break into the garage, is this criminal damage ?In the game of chess you can never let your adversary see your pieces0
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janeybh said:Thanks for all your replies. The neighbour states the garage is on his deeds although I haven’t seen them. I had a contract with the previous owner but that ended when he sold up. Can the new owner break into the garage, is this criminal damage ?
Can the new owner break into the garage? I would suggest that almost certainly they would 'get away' with doing this, as it's extremely unlikely that any Bobby would take the remotest interest in someone forcing open a garage that, to most observers, they have just legitimately bought. I suspect you'd need to do something like take out an injunction against the neighb before there's any chance of citing 'trespass with criminal property damage'.
You accept your contract ended with the sale, so I presume you are 'simply' trying to claim the physical garage back? I don't think your case is assisted by your car still being inside it, sitting - without permission - on land that you acknowledge is not yours?
Have you seen - could you post a link to - the EA's selling details as a starter?
And, are you still in touch with the previous owner?
Could you tell us, please - what do you actually want? If it's the physical garage, then I suspect very strongly that any legal attempt to enforce this will come to waaaay more than its value. If it's a payment from the new owner, then I fear ditto. And if you fait-accompli the matter, I fear you may be in trouble too - unless you can evidence your previous conversations, where you tried to come to a fair arrangement, and the new fellow threatened to knock it down with your car inside it?
Apart from the 'contract' wording, was anything verbally agreed between you and the previous owner regarding ownership of the structure? Surely something was discussed, or else the neighbour could have said, "Sure, build a new garage there!", and then torn up the contract?1 -
janeybh said:Thanks for all your replies. The neighbour states the garage is on his deeds although I haven’t seen them. I had a contract with the previous owner but that ended when he sold up. Can the new owner break into the garage, is this criminal damage ?
It would be interesting to see the contract. How did it end? In writing or verbal agreement?
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.0
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