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Hi All!
A great community of helpers and advisers! and hope this post proves interesting and reaps some help/replies.
My situation is;
My wife and I purchased a new build property off a private lane and moved in approx 7 years ago, loving the peace that it provided tucked away from main roads and busy traffic. We have a long narrow strip of land to the side of us, that had been separated from the rear garden of a property at the back of us. However, a couple of years ago a young chap knocked on our door on a weekend to inform us he was the new owner, and would we be interested in either renting or buying the plot from him. Having been in our new home almost 5 years, our circumstances had changed and we were considering downsizing at that time, so we were just putting our home on the market. We declined is offer for that reason but told him if he was wanting to sell it we were happy to advise potential buyers of the position and help him sell it as a side offer with the house, as we only had a small private garden with the home and this would provide a great private large garden for a couple with children. (what a lovely private and safe garden for children!) As we politely turned his offer down he later spoiled the friendly relationship by threatening to either rent his land out, use it as a storage facility, or sell it to a builder to acquire planning on it! This has caused us some consternation as we have since had our home on the market following our new path to downsize, but despite having over 4000 people view our home online, and a number of personal viewings, we have come to the conclusion this land is now becoming a 'mill stone' and scaring buyers off. Cutting this rather complicated scenario shorter, we've had several conversations with the owner about the land, and even considered making him a reasonable offer to purchase it, but he's become very erratic in his responses. One day he's prepared to sell it, and tells us not to worry about his land, but that we should ignore it and sell our house, and another day he says he'll hang on to it and is prepared to do so until he reaches 40, and another day til he is 60! The problem we have is, we're trying to be honest with potential buyers of our home, and tell them when they ask about the land at the side of our home, but when we put them in direct contact with him, as we agreed to do for him, he then tells them that it is not garden land, but he's selling it as building land which is worth more to him to get a higher price. This is currently listed as 'garden' land on a previous planning application submitted at the time our home was being built, but subsequently the application was withdrawn by the previous owner, we think as a result that there is a very large Oak Tree under a tree preservation order (TPO) by the local council. It should be pointed out that the garden land does not lead anywhere, so our home is the last house on the hill with nowhere else to go after the land. We own the stretch of road off the lane that leads to this garden land, which we had done in re-inforced tarmac following the build of our home, as we use it as a turning point. This was quite expensive to do, and the chap in question tells me he has an automatic right of access (established right of way?) over our stretch of road to access his land. However, this is where it gets slightly complicated as when he first approached us with his offer, we told him we'd consider it at the early contact with him, but that we needed him to provide some proof, by legal document means, that he is actually the owner. This was over 2 years ago and e has produced no proof. Having sought advice we then checked on the Land Registry website at cost to ourselves, and he is not listed as the owner. Having challenged him again to prove he's the owner he says he hasn't had time to have his lawyer complete this. One more complication to note is that there are 9 residents on this private lane, and we have all had to purchase a 'Deed of Grant' to actually use the the lane to access our home. This is due to the original builder of the older houses still retaining title to ownership of the lane. As we have had to agree to these conditions, surely the newcomer will have no right to use the lane that we all have to contribute to and maintain? My main query is, am I within my rights to refuse him access on the grounds he has no deed of grant to use the lane, and on the basis he is neither contributing to the cost of the lane, nor the cost of using the 3 separate stretches of road including mine, and the two neighbours before he reaches the land. Sorry for the long description, but needs to be explained properly as I gather these matters can get complicated. Many thanks and hope to hear some views on this scenario........Chris
A great community of helpers and advisers! and hope this post proves interesting and reaps some help/replies.
My situation is;
My wife and I purchased a new build property off a private lane and moved in approx 7 years ago, loving the peace that it provided tucked away from main roads and busy traffic. We have a long narrow strip of land to the side of us, that had been separated from the rear garden of a property at the back of us. However, a couple of years ago a young chap knocked on our door on a weekend to inform us he was the new owner, and would we be interested in either renting or buying the plot from him. Having been in our new home almost 5 years, our circumstances had changed and we were considering downsizing at that time, so we were just putting our home on the market. We declined is offer for that reason but told him if he was wanting to sell it we were happy to advise potential buyers of the position and help him sell it as a side offer with the house, as we only had a small private garden with the home and this would provide a great private large garden for a couple with children. (what a lovely private and safe garden for children!) As we politely turned his offer down he later spoiled the friendly relationship by threatening to either rent his land out, use it as a storage facility, or sell it to a builder to acquire planning on it! This has caused us some consternation as we have since had our home on the market following our new path to downsize, but despite having over 4000 people view our home online, and a number of personal viewings, we have come to the conclusion this land is now becoming a 'mill stone' and scaring buyers off. Cutting this rather complicated scenario shorter, we've had several conversations with the owner about the land, and even considered making him a reasonable offer to purchase it, but he's become very erratic in his responses. One day he's prepared to sell it, and tells us not to worry about his land, but that we should ignore it and sell our house, and another day he says he'll hang on to it and is prepared to do so until he reaches 40, and another day til he is 60! The problem we have is, we're trying to be honest with potential buyers of our home, and tell them when they ask about the land at the side of our home, but when we put them in direct contact with him, as we agreed to do for him, he then tells them that it is not garden land, but he's selling it as building land which is worth more to him to get a higher price. This is currently listed as 'garden' land on a previous planning application submitted at the time our home was being built, but subsequently the application was withdrawn by the previous owner, we think as a result that there is a very large Oak Tree under a tree preservation order (TPO) by the local council. It should be pointed out that the garden land does not lead anywhere, so our home is the last house on the hill with nowhere else to go after the land. We own the stretch of road off the lane that leads to this garden land, which we had done in re-inforced tarmac following the build of our home, as we use it as a turning point. This was quite expensive to do, and the chap in question tells me he has an automatic right of access (established right of way?) over our stretch of road to access his land. However, this is where it gets slightly complicated as when he first approached us with his offer, we told him we'd consider it at the early contact with him, but that we needed him to provide some proof, by legal document means, that he is actually the owner. This was over 2 years ago and e has produced no proof. Having sought advice we then checked on the Land Registry website at cost to ourselves, and he is not listed as the owner. Having challenged him again to prove he's the owner he says he hasn't had time to have his lawyer complete this. One more complication to note is that there are 9 residents on this private lane, and we have all had to purchase a 'Deed of Grant' to actually use the the lane to access our home. This is due to the original builder of the older houses still retaining title to ownership of the lane. As we have had to agree to these conditions, surely the newcomer will have no right to use the lane that we all have to contribute to and maintain? My main query is, am I within my rights to refuse him access on the grounds he has no deed of grant to use the lane, and on the basis he is neither contributing to the cost of the lane, nor the cost of using the 3 separate stretches of road including mine, and the two neighbours before he reaches the land. Sorry for the long description, but needs to be explained properly as I gather these matters can get complicated. Many thanks and hope to hear some views on this scenario........Chris
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