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Marine_life
Posts: 1,059 Forumite
Our house was built around 10 years ago, one of two that were built privately by a local builder.
We have just uncovered an old agreement which states that there is a right for both owners to build a new access to the site from an adjoining road. Were that new access to be built then it would mainly impact on our property reducing what is already a relatively small garden..
The properties are both now well established (i.e. gardens with trees) and a different access was built presumably because the access which is the subject of the agreement would have been prohibitively expensive (as it would be a steep access and would require concrete walls to protect neighboring properties).
The agreement states that if the access is built then the parties would share the costs equally.
We were not aware of the agreement when we bought the house (but that's another story).
We now want to sell our house which is complicated by this agreement and we want to have it effectively annulled. Our neighbor is being awkward and does not want to sign as they say the right to put in the drive might have a positive benefit for the value of their property (it might but the potential benefit would be offset by the cost of building it).
We believe the agreement is unenforceable as:
1. The existing access is perfectly adequate.
2. We would never agree to have the access put in.
3. We would never agree to pay half the costs.
We are planning to visit a solicitor but before we start incurring costs I would like to know if anyone has any smart ideas on where we stand and what we might do.
We have just uncovered an old agreement which states that there is a right for both owners to build a new access to the site from an adjoining road. Were that new access to be built then it would mainly impact on our property reducing what is already a relatively small garden..
The properties are both now well established (i.e. gardens with trees) and a different access was built presumably because the access which is the subject of the agreement would have been prohibitively expensive (as it would be a steep access and would require concrete walls to protect neighboring properties).
The agreement states that if the access is built then the parties would share the costs equally.
We were not aware of the agreement when we bought the house (but that's another story).
We now want to sell our house which is complicated by this agreement and we want to have it effectively annulled. Our neighbor is being awkward and does not want to sign as they say the right to put in the drive might have a positive benefit for the value of their property (it might but the potential benefit would be offset by the cost of building it).
We believe the agreement is unenforceable as:
1. The existing access is perfectly adequate.
2. We would never agree to have the access put in.
3. We would never agree to pay half the costs.
We are planning to visit a solicitor but before we start incurring costs I would like to know if anyone has any smart ideas on where we stand and what we might do.
Money won't buy you happiness....but I have never been in a situation where more money made things worse!
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Comments
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[FONT=Verdana, sans-serif]Does the agreement say both parties have to agree before the access can be built? If so I can't see you have a problem.
[/FONT] [FONT=Verdana, sans-serif]However if the agreement says your neighbour can force the access to be built without your agreement I can see it would be a problem.
[/FONT] [FONT=Verdana, sans-serif]Who's land would the access be built on?[/FONT]0 -
[FONT=Verdana, sans-serif]Does the agreement say both parties have to agree before the access can be built? If so I can't see you have a problem.
It does not say the parties have to agree. I believe any objection on our part would be the same as for a normal planning application (there are no detailed plans in the agreement)[/FONT] [FONT=Verdana, sans-serif]Who's land would the access be built on?[/FONT]
Primarily on ours as it would eat into our gardenMoney won't buy you happiness....but I have never been in a situation where more money made things worse!0 -
So - am I right in thinking it looks the protection your property has is that the owner of your property could refuse to share the costs and tell the neighbour "You want it = you pay 100% of the costs. Because I can say what happens about that - and I won't be paying anything".?
I'm wondering if this might be resolved by waiting 10 years?/12 years? and then maybe Land Registry requirements (re things like adverse possession and similar) would mean that the way things currently are is "set in stone" and would override what duff developer put down in the agreement?0 -
moneyistooshorttomention wrote: »So - am I right in thinking it looks the protection your property has is that the owner of your property could refuse to share the costs and tell the neighbour "You want it = you pay 100% of the costs. Because I can say what happens about that - and I won't be paying anything".?
I think so yes - the agreement states that any dispute should be settled in court - but i think thats the gist of it. However, the point is that I don't think anyone has any intention of ever building the access and our neighbour is just being a bit bloody minded.moneyistooshorttomention wrote: »I'm wondering if this might be resolved by waiting 10 years?/12 years? and then maybe Land Registry requirements (re things like adverse possession and similar) would mean that the way things currently are is "set in stone" and would override what duff developer put down in the agreement?
Thats possible and its one angle we may explore with the solicitor.Money won't buy you happiness....but I have never been in a situation where more money made things worse!0 -
Pay them off? I get why you wouldn't want to but if you can agree a sum then as a last resort it might be cheaper in the long run plus allow you to sell your house.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
Pay them off? I get why you wouldn't want to but if you can agree a sum then as a last resort it might be cheaper in the long run plus allow you to sell your house.
It's my suspicion that that is what the neighbour may be after - ie a pay-off to stop being awkward.
Hence - I'd be checking my rights re the length of time I'd had to own my house to be sure that daft clauses like that couldnt apply any longer.
Personally - if I had to wait another year or two to ensure I was covered against the neighbour - then I'd do that sooner than give them the payoff I suspect they're after.
But we don't know whether OP has enough time to be able to "wait it out" to go through any "time barrier" there is - they may have the time/they may not have the time to.
I'm betting the neighbour thinks they havent got the time to...0 -
The way you have spoken about the contents of the agreement doesn't suggest you have a right to refuse paying 50% of the costs.
If this is the case, then whether anyone else would put the money up front and go ahead is irrelevant; the agreement effectively puts a potential charge on the property and would make a sale difficult.
I think you might have to negotiate with your neighbour in order to find the simplest way out, but it would certainly be worth running the matter past a solicitor before you take any action. Sometimes agreements are badly worded.
Also, if this agreement was not brought to your attention when you purchased, how were you made party to it?0 -
And I'm wondering where you get the idea that this agreement is in some way time-limited!moneyistooshorttomention wrote: »
I'm wondering if this might be resolved by waiting 10 years?/12 years? and then maybe Land Registry requirements (re things like adverse possession and similar) would mean that the way things currently are is "set in stone" and would override what duff developer put down in the agreement?
I wouldn't give the OP false hope just because you want this to be true. Where does adverse possession enter into it?0 -
Pay them off?
That's in our range of options - as we will be in the position of having two homes then we are having the pay the stamp duty surcharge which effectively gives us 36 months to resolve in order to get the money back.Money won't buy you happiness....but I have never been in a situation where more money made things worse!0 -
And I'm wondering where you get the idea that this agreement is in some way time-limited!
I wouldn't give the OP false hope just because you want this to be true. Where does adverse possession enter into it?
Things like the question in the house-buying form about whether boundaries have been changed during last 20 years on the one hand. That legal doctrine (can't recall the terminology) that seems to be basically to the effect of "If you've spent time/good money using your home on the basis of the way it is now - then it stays that way - even if it wasnt meant to be that way in the first place iyswim".
Hence I'm wondering if something like this applies.
Always worth tossing ideas into the mix as to what might be possible and OP has some ideas in their mind of what questions to ask a solicitor - in this case on the topic of preventing the neighbour grabbing some of their garden for a drive for themselves.0
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