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Neighbour claims he owns loft.

135

Comments

  • sak
    sak Posts: 18 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Does your son need the entire loft? Would the matter be resolved if they say they only had what was directly above their house and removed the flying freehold?
    One cannot just remove a flying freehold. My son said he is happy to have the firewall build on the his side of the boundary but the neighbour still will not agree. My son does not want the entire loft only his part which he purchased along with the rest of the house.
  • sak
    sak Posts: 18 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    We have engaged a second solicitor who seems more capable that the first. Unfortunately the neighbour is totally irrational.  The original conveyancer confirmed that my son owns the loft as does all the Land Registry paperwork etc. Unfortunately it seems that is not sufficient.
  • user1977
    user1977 Posts: 16,722 Forumite
    10,000 Posts Sixth Anniversary Photogenic Name Dropper
    sak said:
    user1977 said:
    sak said:

    My son and partner have every document that can possibly be obtained proving the loft is theirs. However, it seems that because the neighbour insists he owns their part of the loft they will have to take him to court. 
    Why? If somebody (wrongly) claims that they own part of your property, so what? You don't need to take them to court, unless, say, they're actually occupying it and you need to kick them out.

    Going to court about the harassment is a separate matter of course.
    Because no-one is keen to buy a property with the person next door claiming he owns the loft and tramping about on your ceilings!
    Ok. You hadn’t actually said the neighbour was occupying the loft.
  • ThisIsWeird
    ThisIsWeird Posts: 7,634 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 21 October 2024 am31 7:14AM
    Sak, there's a few things going on here.
    First, tho', comments like, "They never said anything before...", or, "The council fitted loft insulation, and they wouldn't have done this if he didn't own it..." are largely meaningless; they do not prove ownership at all.
    What does - or should - are the deeds maps and sometimes the written content of the deeds. So, do you have these? Do they show red boundary lines? Do they make mention of the flying freehold? If so, what does it say?
    Could you post the relevant info on here, please, redacting anything that indicates the address?
    Is this a terrace of houses? If so, have you spoken to other neighbours to see what their arrangements are?
    Anyhoo, the other things... You say your son has had an offer made on his house - do the buyers know of the anti-social behaviour of the neighbour? If not, best you stop right there, because as soon as he declares it (and he will have to), almost certainly the buyer will pull out. If the buyer has gone as far as instructing a survey before he's told, expect them to be seriously cheesed off at the waste of money.
    On the simple issue of this neighbour claiming they own the loft, if the deeds show they don't, then they don't. Your son does not need to ask permission to put up firewall on his side of the boundary line, he can just do it. If this neighbour physically interferes, then your son calls the local police. So, what's stopping your son employing a carpenter or builder doing this? If the neighbour interferes, the builder calls the police. After accidentally boxing their ears with a length of 4x2. It really should be that simple.
    Before then, tho', all this other anti-social behaviour should have been recorded and an evidence log built up. And then used to tackle them. You use the LA - and the police if serious enough. You record conversations, you put a CCTV camera in the loft, a doorbell one on your front door, a pocket one in your pocket - you sort this.
    Currently you have (or had until your son moved out), what evidence of this behaviour? They 'record' your son and family? In what way? They hurl abuse? Do you have this recorded? They make loud noises? You have this ditto?
    Have you reported any of this? If so, what happened?
    I take it they haven't physically threatened your son or family? If they haven't, why is your son intimidated by them? I know it's horrible, and I know it feels intimidating, but it shouldn't be; you often just need to sit down and decide to not accept it any more. You then put things in place to nobble the yob, and go about your normal life, never avoiding them, but always with a discrete video camera (£15 on t'Bay) on your person. You build up your evidence, and then you stuff them.
    So, has your son sorted the anti-social bit? Has your son declared it? If not, best you stop everything now, move back in, and sort these 'oles out.
  • user1977 said:
    sak said:
    user1977 said:
    sak said:

    My son and partner have every document that can possibly be obtained proving the loft is theirs. However, it seems that because the neighbour insists he owns their part of the loft they will have to take him to court. 
    Why? If somebody (wrongly) claims that they own part of your property, so what? You don't need to take them to court, unless, say, they're actually occupying it and you need to kick them out.

    Going to court about the harassment is a separate matter of course.
    Because no-one is keen to buy a property with the person next door claiming he owns the loft and tramping about on your ceilings!
    Ok. You hadn’t actually said the neighbour was occupying the loft.
    I don't think they are living there, but just go up to tramp around to make a point of 'ownership', but I could be wrong.
    It's hard to tell what exactly is happening here, but if it's anything like the OP is relating, this neighbour seems a bit bonkers. In which case running away is not going to help the OP's son.
    My bet is that we'll never be told what is truly going on... :-(
    Hey-ho.
  • FreeBear
    FreeBear Posts: 17,293 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    sak said: My son said he is happy to have the firewall build on the his side of the boundary but the neighbour still will not agree.
    He would need to get Listed Building Consent to install a firewall. There is a possibility that the local Conservation Officer objects to the proposal.
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • sak
    sak Posts: 18 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The conservation officer is happy for a firewall to be built.  The neighbour does keep walking around in the loft since his new partner moved in and has also blocked my sons entrance to loft. As someone stated, they are a pair of drug users, who do not work and need money to finance their habit. They seem to believe that they could force my son to buy the loft space from them. However, why on earth would anyone purchase something that they already own?  A solicitor has been engaged by my son but it is rather scary to be advised that despite having every conceivable document stating the loft is his, the neighbour can claim he owns it despite having no documentation.
  • As they have blocked access I would want to see what these drug users who having nothing else to do all day are actually doing in the loft space…
  • Grumpy_chap
    Grumpy_chap Posts: 17,049 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Combo Breaker
    bnegative said:
    As they have blocked access I would want to see what these drug users who having nothing else to do all day are actually doing in the loft space…
    And monitor the electricity bill
  • Sounds like your son and his partner got seriously screwed over. Five years, and then this? That's unbelievable. Honestly, I'd be furious.

    Getting legal advice is absolutely the right move, but finding a solicitor who'll work pro bono or on a contingency basis might be their best bet given their financial situation. There are legal aid options, too, though I know getting that can be a hassle. 
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