Parking dispute

Author
Discussion

blueg33

35,574 posts

223 months

Sunday 22nd June 2014
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0markymark0 said:
Point of order, the mortgage provider does not own the hiuse, your son does, he just has a loan secured on it.
The point is that the security is based on a valuation that could be incorrect if the neighbour has a legitimate claim.



RYH64E

7,960 posts

243 months

Sunday 22nd June 2014
quotequote all
blueg33 said:
The point is that the security is based on a valuation that could be incorrect if the neighbour has a legitimate claim.
And, potentially, someone has sold something that they didn't own.

anonymous-user

53 months

Sunday 22nd June 2014
quotequote all
blueg33 said:
0markymark0 said:
Point of order, the mortgage provider does not own the hiuse, your son does, he just has a loan secured on it.
The point is that the security is based on a valuation that could be incorrect if the neighbour has a legitimate claim.
And after the valuation if the security still exceeds the mortgage somehow I don't think the mortgager will give a flying fook about the OP's son or anyone else if they get their return/money back

Red Devil

13,055 posts

207 months

Monday 23rd June 2014
quotequote all
speedyguy said:
And after the valuation if the security still exceeds the mortgage somehow I don't think the mortgager will give a flying fook about the OP's son or anyone else if they get their return/money back
If you are referring to the lender, it is the mortgagee.

The borrower is the mortgagor.

PH: pedantry matters. wink

blueg33

35,574 posts

223 months

Monday 23rd June 2014
quotequote all
speedyguy said:
blueg33 said:
0markymark0 said:
Point of order, the mortgage provider does not own the hiuse, your son does, he just has a loan secured on it.
The point is that the security is based on a valuation that could be incorrect if the neighbour has a legitimate claim.
And after the valuation if the security still exceeds the mortgage somehow I don't think the mortgager will give a flying fook about the OP's son or anyone else if they get their return/money back
Well that might depend on their LTV hurdles

gpo746

3,397 posts

129 months

Monday 23rd June 2014
quotequote all
Reading through the thread I think the woman is fibbing.
The fear of losing something she claims to have had for a while will obviously upset her.
Thing is though I see those daft programmes Homes Under The Hammer and the like whereby they build and extend into places.
She is getting off lightly. It would be nice to sort this amicably but the reality is I think the OP's son is going to lose a neighbours good feeling UNLESS he allows her to continue which she can't be allowed to.
If you look at the fact she claims to have paid for the drop kerb - well so what she did that as it was beneficial to her the son owes her nothing for that.
I think either way it is going to become a ball ache but the son and perhaps the Op need to bare one thing in mind: They currently have an older lady who THINKS she has right of the use of the land. If she goes on thinking that and sells the house and new people think the same it could get worse. What if they have 2 cars etc.

Fizpop

332 posts

168 months

Monday 23rd June 2014
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The instalation of the dropped curb might be of some assistance here. Depending upon the land ownership of the path outside the house, then planning permission would be required (if it's your land) or an agreement with the local highways authority (if it's all adopted land - probably a section 278 agreement) would be required.

Without one of those, either planning permission or highways agreement then there would be no right to install a dropped curb.

I would suggest contacting your local planning department (many allow you to check for previous permissions online now) or your local highways department to ascertain the legality of the dropped curb and crutially when it was installed.

This could give a firm date as to when she began using the space, if indeed the application was in her name or if no permission has been sought, be enough of an issue to prevent any subsequent legal challenge on her part.

blueg33

35,574 posts

223 months

Monday 23rd June 2014
quotequote all
speedyguy said:
blueg33 said:
speedyguy said:
And after the valuation if the security still exceeds the mortgage somehow I don't think the mortgager will give a flying fook about the OP's son or anyone else if they get their return/money back
Well that might depend on their LTV hurdles
You mean the lender just wants to increase their return if they 'perceive' a greater risk.
I didn't want to go down the LTV route smile
Yep, thats what they do smile

For properties in parts of the north we have a real issue with LTV

surveyor

17,767 posts

183 months

Monday 23rd June 2014
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I'm with Blue. A solicitors letter, and a general acceptance of 'you know you are trying it on'. Being 'pleasant and compromising is not going to resolve this.

I'd also ask the seller.... They have sold the land with VP - if it's not then they have a problem.

I strongly suspect she is trying it on.

  • The lawyers advice is also good. I agree they seldom suggest litigation, but often in the real world it's a case of who blinks first.
For neighbourly relations consider donating a couple of bottles of red to say thank-you when she accepts the position. As that looks like access to her rear garden offer to leave her a pedestrian path - and then write a letter confirming this, and that permission can be withdrawn at any time should you need to.

Rude-boy

22,227 posts

232 months

Monday 23rd June 2014
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blueg33 said:
This definately one for Op's sons solicitor
This should be first port of call. They are the one who has the full facts as to representations and best placed to advise on anything that may or may not be in LOL's title about this.

I will not express any opinion as to the what the outcome of this will be but I can think of a number of very firm starting points for your son's position.

Above all else try to avoid litigation about this and try to find a workable resolution, even if it is not the 'perfect' one for your son.

TOPTON

Original Poster:

1,514 posts

235 months

Tuesday 24th June 2014
quotequote all
Son has talked to a few neighbours and it seems she has had a dispute in the past over claiming some back garden. He wasn't told the full story, just that there was a dispute of some type with her and neighbour on the other side of her house.

Son is talking to solicitor today as they were unavailable yesterday. Hopefully a letter is shortly following.
Mrs neighbour was away at the weekend but promptly parked there as soon as she got back on Sunday evening. What a cheeky cow

funkyrobot

18,789 posts

227 months

Tuesday 24th June 2014
quotequote all
TOPTON said:
Son has talked to a few neighbours and it seems she has had a dispute in the past over claiming some back garden. He wasn't told the full story, just that there was a dispute of some type with her and neighbour on the other side of her house.

Son is talking to solicitor today as they were unavailable yesterday. Hopefully a letter is shortly following.
Mrs neighbour was away at the weekend but promptly parked there as soon as she got back on Sunday evening. What a cheeky cow
Were these disputes noted in the house paperwork?

We moved house last year and I'm sure that disputes need to be logged and made available in the paperwork. I may be wrong though as this may relate to escalated disputes only (i.e. stuff that the council have got involved in).

PAULJ5555

3,554 posts

175 months

Tuesday 24th June 2014
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Where does she park if both your boys cars are parked there?

funkyrobot

18,789 posts

227 months

Tuesday 24th June 2014
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Has anyone suggested the OP wiping his dick all over the nasty lady's car? Even better if done post intercourse.

TOPTON

Original Poster:

1,514 posts

235 months

Tuesday 24th June 2014
quotequote all
As I said, the dispute was with a neighbour on the other side, so no need to disclose or nothing to disclose with house purchase.


Son has talked to his solicitor, she said----- "we have done everything we should have done and there were no problems. Mrs neighbour should not be parking there. If you want a letter written out to her from us, then you will have to come onto the office and tell us what you want written"

Surely he doesn't need to take time off work (difficult to do at short notice) and be physically in the office to dictate a letter. The wording should be the solicitors legal jargon should it not.


He is going to see mrs neighbour tonight and say one more time in a polite voice------this is my property and I do not want you to park on it anymore. You have no legal claim over it at all.

anonymous-user

53 months

Tuesday 24th June 2014
quotequote all
TOPTON said:
Son has talked to his solicitor, she said----- "we have done everything we should have done and there were no problems. Mrs neighbour should not be parking there. If you want a letter written out to her from us, then you will have to come onto the office and tell us what you want written"
I read that as "We did our job. You have no claim against us for negligence. If you want us to write you a letter, don't go thinking we will do so as a freebie off the back of the conveyancing work because we think we might have dropped a bk. We'll write you a letter all right, but you'll need to come down, give us a new retainer to do so and we'll start the meter running".

So pretty defensive and less than gushingly helpful.

Lurking Lawyer

4,534 posts

224 months

Tuesday 24th June 2014
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OP, I certainly wouldn't expect your son to have to go into the office - it should be perfectly possible to explain the position over the phone, possibly with the assistance of plans/photos e-mailed to them in advance of the conversation to help them visualise thing. He also shouldn't have to "tell them what to say", if they're halfway competent!

In fairness to them though, I'd agree that it amounts to a fresh retainer and that there's no reason to necessarily offer to do it as a freebie. The days of conveyancers doing site visits are long gone - I'm not sure whether anything has come up in this thread that suggest that there was anything to lead the conveyancers to consider whether there was an issue with the neighbour parking there, and the title documents would presumably not have started any alarm bells ringing about previous owners having created rights over the land.

I do plenty of claimant solicitor negligence work so it's not like I'm starting from a position of defending the conveyancers - but in this case, based at least on my quick skim-read through the previous posts, I can't see that they're particularly at fault here.

jbsportstech

5,069 posts

178 months

Tuesday 24th June 2014
quotequote all
Greg66 said:
I read that as "We did our job. You have no claim against us for negligence. If you want us to write you a letter, don't go thinking we will do so as a freebie off the back of the conveyancing work because we think we might have dropped a bk. We'll write you a letter all right, but you'll need to come down, give us a new retainer to do so and we'll start the meter running".

So pretty defensive and less than gushingly helpful.
It appears there is no evidence this woman owns the land so in someways it appears they have.

Ask them to write a cease and decist letter.

You could write to her your self saying please provide any proof of ownership paperwork and or the details of your solictor who holds your deeds if you wish to continue to dispute her ownership or agreed parking on this land. If this is not forthcoming with in 7 days the land registry is clear it is your sons land and she is to cease parking on it immeditaly.



In the meantime since your son is hell bent on claiming the bay I suggest you get some pop stantions as she sounds like the type who is not going to stop without a physical barrier.

blueg33

35,574 posts

223 months

Tuesday 24th June 2014
quotequote all
OP

Yoru sone needs to ask his solicitor to provide the list of enquiries they made of the seller and the answers to those enquiries.

I would be checking that they asked the right questions and read the answers before accepting that they have done their job.

Was there a legal report? What did it say? Did it hoghlight risks that they hadn't covered off in standard enquireios and the responses?

TOPTON

Original Poster:

1,514 posts

235 months

Tuesday 24th June 2014
quotequote all
The solicitors informed us at the contract time that everything was rosy with no probs at all. I can't complain at this, if there was no paper trail to find then there was nothing to report. I found it strange that they said he needed to be in the office when they wrote a letter though.

Anyway, I have drafted this for him to hand to her tonight-------OPINIONS PLEASE


Dear Mrs neighbour

Re. Trespass to my property

I am writing to complain about your persistent trespass to my property and to request that you desist from further trespasses.

I have already informed you verbally on numerous occasions that this land belongs to me, as noted on ‘The Land Registry’ and I have asked you not to park there. It seems you choose to ignore this polite request.

What is required of you

I require you to immediately cease and desist from further trespass to my property. If you continue to trespass I may take action in the County Court to obtain a Prohibitive Injunction forbidding you from trespassing on my property. You will be required to pay the costs of this action, and if you breach the terms of the injunction you will be guilty of the criminal offence of Contempt of Court.

If for any reason you think you have a right to the above land, then please inform your solicitor to get in touch with Micky mouse solicitors, Workington with any relevant information.