Demanded to stop using land

Cluelessabouteverything

I have phoned their solicitor three times this week. First I was told that she had been really busy and had been in meetings, then I was told they couldn’t get hold of her but took my number to call me back and I’ve just been told that she has lost her voice and has not been working as much because she is sick. 

Is it possible they can’t get in touch with the landowners, just like we couldn’t and the solicitor can’t respond to me until they have spoke to the landowners? 

Smalltownhypocrite

9 years?

In 1 year time you could claim adverse possession. They are attempting to block that.

EssexHebridean

Have you found a copy of your actual lease ? That’s the first and primary thing you need here. It will have a plan in it which shows the extent of your land, plus should also show any areas of common parts or over which you have a right of way - these are usually shown by being coloured in or hatched. The plan you have shown so far looks more likely to be from the land registry and to me appears to relate to the freehold title as well, rather than the leasehold. 

If this should turn out to be in relation to the non payment of the ground rent, then it is up to the freeholder to prove that the GR has been demanded - from what you are saying this is not the case. 

On the Solicitor difficulty of contact thing - she may be uncomfortable speaking directly to you on the telephone as of course you are not her client,  I assume you haven’t engaged solicitors of your own on this? If you haven’t then there is no reason why their solicitor can’t engage directly with you, however I’d suggest putting things in writing in any event - it gives a far more conclusive account of what exactly is being said along the line, rather than calls which can potentially be open to misinterpretation. 

Cluelessabouteverything

Smalltownhypocrite said:

9 years?

In 1 year time you could claim adverse possession. They are attempting to block that.

So I have just looked into this and it is 10 years if the land is registered 🙄 however the owners who lived here before had lived here for 40 years with uninterrupted access to the land. I have been in touch with the solicitors we used to buy the house to see if they have proof of when the land rent was last paid which they claimed to have not paid for about 20 years 🤦🏼‍♀️

MeteredOut

Cluelessabouteverything said:

Smalltownhypocrite said:

9 years?

In 1 year time you could claim adverse possession. They are attempting to block that.

So I have just looked into this and it is 10 years if the land is registered 🙄 however the owners who lived here before had lived here for 40 years with uninterrupted access to the land. I have been in touch with the solicitors we used to buy the house to see if they have proof of when the land rent was last paid which they claimed to have not paid for about 20 years 🤦🏼‍♀️

Are you able to respond to the multiple questions about what your lease says, and the plan it contains?

Unless it says you can use those parking spaces, all you might be doing is ensuring someone comes after you for ground rent.

Cluelessabouteverything

MeteredOut said:

Cluelessabouteverything said:

Smalltownhypocrite said:

9 years?

In 1 year time you could claim adverse possession. They are attempting to block that.

So I have just looked into this and it is 10 years if the land is registered 🙄 however the owners who lived here before had lived here for 40 years with uninterrupted access to the land. I have been in touch with the solicitors we used to buy the house to see if they have proof of when the land rent was last paid which they claimed to have not paid for about 20 years 🤦🏼‍♀️

Are you able to respond to the multiple questions about what your lease says, and the plan it contains?

Unless it says you can use those parking spaces, all you might be doing is ensuring someone comes after you for ground rent.

The lease has the house and front/back garden outlined in red but on other paperwork we have from our subject to contract it does say as long as the land is maintained and kept in good condition it can be used and enjoyed by the lessee and the previous owners also confirm on the paperwork that they have had full uninterrupted access to the land at the rear of the property and have never been called upon to contribute any costs or maintenance. They lived here for 40+ years.

MeteredOut

Cluelessabouteverything said:

MeteredOut said:

Cluelessabouteverything said:

Smalltownhypocrite said:

9 years?

In 1 year time you could claim adverse possession. They are attempting to block that.

So I have just looked into this and it is 10 years if the land is registered 🙄 however the owners who lived here before had lived here for 40 years with uninterrupted access to the land. I have been in touch with the solicitors we used to buy the house to see if they have proof of when the land rent was last paid which they claimed to have not paid for about 20 years 🤦🏼‍♀️

Are you able to respond to the multiple questions about what your lease says, and the plan it contains?

Unless it says you can use those parking spaces, all you might be doing is ensuring someone comes after you for ground rent.

The lease has the house and front/back garden outlined in red but on other paperwork we have from our subject to contract it does say as long as the land is maintained and kept in good condition it can be used and enjoyed by the lessee and the previous owners also confirm on the paperwork that they have had full uninterrupted access to the land at the rear of the property and have never been called upon to contribute any costs or maintenance. They lived here for 40+ years.

A picture would really help. It's not clear if the back garden is where you are parking your car, or whether "the land is maintained and kept in good condition" is referring you your back garden or where you park your car.

The fact you have something written that the previous owners had interrupted access to the land at the rear (again, is where you park the car?) sounds promising, but what is the "other paperwork we have from our subject to contract"? Is that a legal document that can be presented to the leasholder? Or the sales particulars from your purchase (which are largely just marketing materials)?

sheramber

as long as the land is maintained and kept in good condition it can be used and enjoyed by the lessee 

Which would mean it was used with permission of the freeholder

Does that permission cease when there is a new lessee and a new permission needs to be sought?