Parking dispute
Discussion
At what point to people stop being walked all over, if she said her friend always stayed in the spare room you would tell her where to go. You have paid good money for a property with vacant position. SHE IS TRYING IT ON, grow a pair and tell her to move her car now. if necessary then escalate.
TOPTON said:
She says that she paid to concrete "her" side and to get the dropped curb years ago also.
Hmmm. So she has paid to improve land she doesn't own. AIUI the benefit accrues to the landowner so she has no comeback unless your son agrees to compensate her (which he is under no obligation to do AFAIK, and should take advice before doing so).Fastdruid said:
If she lives at number 67 I'd suggest she's talking b
ks as that house sold in 2011...
You need to go to Specsavers. ks as that house sold in 2011...
The site plan clearly shows the neighbour lives next door to #65 - i.e. at #66.
A count back from #70 places the OP's on and g/f at #67.
As it happens I know exactly where it is. My ex's maternal grandmother's family used to own the 'Big House' in the next village
Red Devil said:
TOPTON said:
She says that she paid to concrete "her" side and to get the dropped curb years ago also.
Hmmm. So she has paid to improve land she doesn't own. AIUI the benefit accrues to the landowner so she has no comeback unless your son agrees to compensate her (which he is under no obligation to do AFAIK, and should take advice before doing so).Fastdruid said:
If she lives at number 67 I'd suggest she's talking bks as that house sold in 2011...
You need to go to Specsavers. ks as that house sold in 2011...The site plan clearly shows the neighbour lives next door to #65 - i.e. at #66.
A count back from #70 places the OP's on and g/f at #67.
As it happens I know exactly where it is. My ex's maternal grandmother's family used to own the 'Big House' in the next village
Assuming the OP's house is #67 then she can't have had an agreement with the previous owner for 20 years if the PO only moved there 3 years ago!
Fastdruid said:
Red Devil said:
TOPTON said:
She says that she paid to concrete "her" side and to get the dropped curb years ago also.
Hmmm. So she has paid to improve land she doesn't own. AIUI the benefit accrues to the landowner so she has no comeback unless your son agrees to compensate her (which he is under no obligation to do AFAIK, and should take advice before doing so).Fastdruid said:
If she lives at number 67 I'd suggest she's talking bks as that house sold in 2011...
You need to go to Specsavers. ks as that house sold in 2011...The site plan clearly shows the neighbour lives next door to #65 - i.e. at #66.
A count back from #70 places the OP's on and g/f at #67.
As it happens I know exactly where it is. My ex's maternal grandmother's family used to own the 'Big House' in the next village
Assuming the OP's house is #67 then she can't have had an agreement with the previous owner for 20 years if the PO only moved there 3 years ago!
tThe title to 66 Ennerdale Road is available online for £3.00. That will help you know whether there are any rights in that title that might overlap onto your sons property. It should also give you the date that the current owner bought the property so you can gain some idea of whether the 20 years comment is true.
The conveyance is probably reasonably old as no price paid is recorded.
To look at titles go to www.landregistry.gov.uk, click on public and click find a property. Enter the address and it tells you what info is available.
I think you then pay by credit card (I have a professional LR account so haven't used the public route)
The conveyance is probably reasonably old as no price paid is recorded.
To look at titles go to www.landregistry.gov.uk, click on public and click find a property. Enter the address and it tells you what info is available.
I think you then pay by credit card (I have a professional LR account so haven't used the public route)
OP, the cost of litigation (and risk of an adverse costs order) is obviously a fundamental issue to your son so tell him to check his home contents insurance and see whether it includes legal expenses insurance. if it does, he needs to notify the claim and see what the process is to either get the insurer to appoint a panel solicitor or let him instruct one of his own choice.
I for my sins am a litigator and, while it's not my bread-and-butter, I've dealt with a number of neighbour/boundary disputes. FWIW, I agree entirely with what Greg has posted above.
I for my sins am a litigator and, while it's not my bread-and-butter, I've dealt with a number of neighbour/boundary disputes. FWIW, I agree entirely with what Greg has posted above.
blueg33 said:
The conveyance is probably reasonably old as no price paid is recorded.
The requirement for the LR to record the price paid came into operation in April 2000 - http://www.google.co.uk/url?sa=t&rct=j&q=&...Lurking Lawyer said:
I for my sins am a litigator and, while it's not my bread-and-butter, I've dealt with a number of neighbour/boundary disputes. FWIW, I agree entirely with what Greg has posted above.
With proprietary estoppel, would the neighbour's claim be against the previous owner or would the promise effectively live with the property and whoever owns it? Would the remedy be performance (ie. to continue to have use of the land) or damages, or are both possible? Busterbulldog said:
Why have you not contacted the seller of your house directly to find out what he has agreed. Chances are they told her she was losing her free space as the property was marketed with 2 spaces.
Reading the posts it was a Barrats part ex and was empty. Sold with one space , since the neighbours house was bought 2011 looks like she is bare faced lier!She has taken a space when the house was empty and trying it on.
A recap--
It is number 67, mrs neighbour is on the left at 66.
House was bought with vacant possession from Barratt Homes, so we never got to speak to previous owner.
Previous owner lived there since 2011, before that Mr.M lived there for 20+ years. He bought the land and registered it to 67.
It was Mr.M that supposedly gave her permission (she then concreted it, no proof of this) and previous owner didn't mind either (so I'm told, no proof)
The house was bought, contracts signed etc on 11/06/14 with land registry showing son as title holders for all the land including double width car parking. No mention of any parking issues.
Mrs old lady told me on our first viewing " I'm not sure who owns this half, so I've been parking there" She is now denying saying that to me.
Obviously it's the weekend and nothing can be done yet.
Someone suggested getting mortgage company involved because ultimately it is their house/land and someone is trying to claim part of it. Is that a thing to do????
It is number 67, mrs neighbour is on the left at 66.
House was bought with vacant possession from Barratt Homes, so we never got to speak to previous owner.
Previous owner lived there since 2011, before that Mr.M lived there for 20+ years. He bought the land and registered it to 67.
It was Mr.M that supposedly gave her permission (she then concreted it, no proof of this) and previous owner didn't mind either (so I'm told, no proof)
The house was bought, contracts signed etc on 11/06/14 with land registry showing son as title holders for all the land including double width car parking. No mention of any parking issues.
Mrs old lady told me on our first viewing " I'm not sure who owns this half, so I've been parking there" She is now denying saying that to me.
Obviously it's the weekend and nothing can be done yet.
Someone suggested getting mortgage company involved because ultimately it is their house/land and someone is trying to claim part of it. Is that a thing to do????
Edited by TOPTON on Saturday 21st June 08:21
Edited by TOPTON on Saturday 21st June 08:45
OP, plenty of advice to 'tell her this, tell her that', which will get you as far as you are now. Just out of interest (and I am neither encouraging nor condoning anything outside proper legal channels) do you think your son could do her in a fight? Should it come to that of course. Some of them elderlys can take some beating, especially the women.
(No, I haven't got anything useful to add either)
(No, I haven't got anything useful to add either)
johnny fotze said:
OP, plenty of advice to 'tell her this, tell her that', which will get you as far as you are now. Just out of interest (and I am neither encouraging nor condoning anything outside proper legal channels) do you think your son could do her in a fight? Should it come to that of course. Some of them elderlys can take some beating, especially the women.
(No, I haven't got anything useful to add either)
I don't have any experience of beating old ladies and I'm sure my lad hasn't neither. But saying that, she did say she felt intimidated by me when I spoke to her about parking there. I was talking in a calm and reasonable manner, (in front of other people) but pointing out to her that what she was doing was wrong and that I found it hard to believe that her solicitor advised she was correct. I told her that she would do better changing solicitor's. If she ever went to one that is, she showed no proof of this solicitors advice.(No, I haven't got anything useful to add either)
If you son or his gf manage to get on speaking terms with any of the other neighbours they may be able to politely ask whether the old lady has in fact been parking there for 20 years or just since the house was part-exchanged and she noticed it was convenient. This would help to determine the next course of action.
Also the property details will often include photographs of the front of the house - try zoopla.co.uk for archived copies of sale particulars (I haven't figured out where the house is and don't have the patience - others here obviously have, but it would seem my own house is worth rather more than I realised!)
As for the paper-trail the neighbour will have correspondence showing the cost of laying the concrete driveway and getting the kerb dropped. If she is genuine and can demonstrate both these bills then your son would probably do well to pay a contribution towards these costs, ensuring that any settlement is made 'without prejudice' or whatever the correct legal term is.
Advice about checking for legal cover with the house insurance policy is exactly right; however I have found that it can be useful and more cost-effective to get legal advice and even advice about writing correspondence without actually getting the solicitor to write the letters - my father employed this tactic with a former employer who promptly didn't seek legal advice themselves and completely buried themselves. They were rather shocked (and out of pocket) when his solicitor wrote and explained the position.
"Going legal" at this stage may escalate the confrontation. Your son needs good legal advice and good research but without necessarily revealing his hand.
Also the property details will often include photographs of the front of the house - try zoopla.co.uk for archived copies of sale particulars (I haven't figured out where the house is and don't have the patience - others here obviously have, but it would seem my own house is worth rather more than I realised!)
As for the paper-trail the neighbour will have correspondence showing the cost of laying the concrete driveway and getting the kerb dropped. If she is genuine and can demonstrate both these bills then your son would probably do well to pay a contribution towards these costs, ensuring that any settlement is made 'without prejudice' or whatever the correct legal term is.
Advice about checking for legal cover with the house insurance policy is exactly right; however I have found that it can be useful and more cost-effective to get legal advice and even advice about writing correspondence without actually getting the solicitor to write the letters - my father employed this tactic with a former employer who promptly didn't seek legal advice themselves and completely buried themselves. They were rather shocked (and out of pocket) when his solicitor wrote and explained the position.
"Going legal" at this stage may escalate the confrontation. Your son needs good legal advice and good research but without necessarily revealing his hand.
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