Neighbours land

[x5x3]

We have a narrow strip of land between our house (roughly 20ft by 3-4ft) and our neighbours at the front the property.

The original developers were too lazy to do anything worthwhile with it and it is both raised (compared to our drive) and currently rough grass.

We are planning to get the front drive down and thinking about including this land into our drive to get a bit more parking space and to tidy things up.

We have spoken to our neighbours and they are happy with our ideas in principle. I have suggested they consult a solicitor to make sure they understand any/all disadvantages for them.

However neither of us has any idea of the legal implications of this and would like to make sure it is done properly so that there are no issues in the future if they/us move house.

Does anyone have any experience of such situations?

Thanks in advance.

[ChrisnChris]

My parents were in a similar situation, this was in the 70s though.
The plot of land was still owned by the developer & hadn't been built on because they were hoping to put a road through mum & dads back garden. They didn't want to sell so the plot remained. eight houses had been built on the rest of the plot. They bought it from the developer for a few hundred pounds, it's big enough for a house.

First call would be the developer.

[x5x3]

ChrisnChris said:

First call would be the developer.

sorry if I was not clear but the land is owned by our neighbours and not the developer.

[V8RX7]

If they own it and you want it then as a minimum I'd buy it for £1 and pay to change the deeds - this will be complicated if they have a mortgage.

Otherwise it WILL be a pain when they / you sell.

[paulwirral]

V8RX7 said:

If they own it and you want it then as a minimum I'd buy it for £1 and pay to change the deeds - this will be complicated if they have a mortgage.

Otherwise it WILL be a pain when they / you sell.

Read this carefully ^^^ and take note .

[x5x3]

thanks all - what exactly is involved in that?

and does it involve anyone else - e.g does it matter if the building is directly on the boundary line or is there a need to have a certain distance between the physical property and the boundary?

[ChrisnChris]

Care to post up a plan of the properties with the outline of the proposed piece of land?

[x5x3]

slightly embarrassing but I don't have one currently - will try to find the original deeds

[ChrisnChris]

Just a sketch will do

[x5x3]

here is a very basic one - i.e. not to scale



the piece of land is the bit shaded blue - i.e. surrounded by the pavement at the front, their house, the fence dividing the front and rear gardens and the existing boundary line.

[p1doc]

paulwirral said:

Read this carefully ^^^ and take note .

had something similar when I moved house local farmer had sold land=my back garden to previous homeowner but no documentation and farmer had moved on . it took 3 months to prove my back garden was mine and to be recorded on deeds before I could buy the house

[LeadFarmer]

Why would your neighbour want to give up access to that side of their house for maintenance etc? Its asking for trouble because if you move house the new occupants might refuse them access.

[Converse2020]

I’m in a similar situation to original poster. Neighbour is elderly and his family has offered to rent me half the strip for £100 / yr and then handle the sale when they sell the house (expected soon as the elderly occupant is likely to move to a home).

I wish to install an oil tank on the land - hence wanting early access but my concern (seems echoed by posters on this thread) is that when they sell the house , the sale of the strip of land will get blocked etc / prove more hassle etc and I and my oil tank will be ‘evicted’ so to speak.

Can I have my solicitor draft all the paperwork associated with the sale of their land - so that all the family have to do is get it checked by their solicitor etc ? - as right now it seems like they don’t want the hassle hence offering the rent option.

[dmsims]

LeadFarmer said:

Why would your neighbour want to give up access to that side of their house for maintenance etc? Its asking for trouble because if you move house the new occupants might refuse them access.

Precisely, when they think about it I cannot see them selling

[Herbs]

dmsims said:

Precisely, when they think about it I cannot see them selling

Always a way round it, just include an easement which means they are allowed access to it

[Equus]

LeadFarmer said:

Why would your neighbour want to give up access to that side of their house for maintenance etc? Its asking for trouble because if you move house the new occupants might refuse them access.

They have a legal right of access for maintenance, under the Access to Neighbouring Land Act 1992.

[hyphen]

LeadFarmer said:

Why would your neighbour want to give up access to that side of their house for maintenance etc? Its asking for trouble because if you move house the new occupants might refuse them access.

Very strange isn't it. Why on earth would you let your neighbour take that land uncontested, no matter how well you get on.

Too nice for their own good.

[ozzuk]

I think it would significantly impact both the value and saleability of their house - if the have a mortgage then I can't see the provider agreeing to it. When ever I've had titles changed the cost has average 800-1200 in solicitor fees.