Housing trust issue - legal advice please
Discussion
Hi, I'd really appreciate some advice on this topic.
I've just received a letter from a Stakeholder Engageent company on behalf of a local housing trust that want to demolish garages to the rear of my house and removing the rear access I currently have.
My house is marked 10 in the photo and the access is in the top right corner of the garage block.
I don't wish to give up the access as it'd remove the possibility of me building a garage there and it would devalue the house. There's also the issue of being overlooked as the garage area is 5ft higher than my garden.
Can anything be done to prevent this? Will I have to get solicitors involved? If so, could/should I do it with my neighbours all of whom, I imagine, would oppose this?
I've just received a letter from a Stakeholder Engageent company on behalf of a local housing trust that want to demolish garages to the rear of my house and removing the rear access I currently have.
My house is marked 10 in the photo and the access is in the top right corner of the garage block.
I don't wish to give up the access as it'd remove the possibility of me building a garage there and it would devalue the house. There's also the issue of being overlooked as the garage area is 5ft higher than my garden.
Can anything be done to prevent this? Will I have to get solicitors involved? If so, could/should I do it with my neighbours all of whom, I imagine, would oppose this?
toasty said:
saladdays said:
It looks like your neighbour at number 14 has built their own double garage. Have they received a letter? Perhaps you could jointly instruct a solictor.
Thanks, the thought had crossed my mind. I pop round on Monday. I've passed on the details of the Easement by Prescription to them.
If we have to go the legal route, which I think is highly likely, then we'll do it together.
How long have you lived there? How long have you been using that rear access? Has a "permission" or "licence" been given at any stage? If you've been there less than 20 years do you still have contact details for previous owners?
If you can't get to the starting line for an easement by prescription you'll be wasting your money on lawyers.
If you can't get to the starting line for an easement by prescription you'll be wasting your money on lawyers.
toasty said:
I don't wish to give up the access .......... the garage area is 5ft higher than my garden.
So how do you "enjoy" this access? Vehicles; bicycles; on foot; with a ladder? In what way does this add value to your property that you think will evaporate?Even if you are able to prove, say, pedestrian access for 20 years that's not going to give you a right of vehicle access.
On balance it looks like a case of sitting back and seeing how the bloke who's built a garage gets on.
Panamax said:
How long have you lived there? How long have you been using that rear access? Has a "permission" or "licence" been given at any stage? If you've been there less than 20 years do you still have contact details for previous owners?
If you can't get to the starting line for an easement by prescription you'll be wasting your money on lawyers.
We've only been here 19 years but the neighbours have been over 20 years. We are in contact with the previous owners. If you can't get to the starting line for an easement by prescription you'll be wasting your money on lawyers.
They have paid nominal rent in the past to the housing authority for access to their garage. We just have a gate.
I realise that their case is far stronger than ours in this aspect.
toasty said:
They have paid nominal rent in the past to the housing authority for access to their garage. We just have a gate.
I realise that their case is far stronger than ours in this aspect.
If yours is just a pedestrian gate then that's the maximum possible rights you can have acquired. Even if it's wide enough for a car you'd need to demonstrate pretty consistent use throughout the 20 years to get any vehicle rights.I realise that their case is far stronger than ours in this aspect.
As regards the neighbour, payment of that rent is almost certainly fatal to any claim to have acquired rights "by prescription". Their rights will be limited to whatever the rental agreement says.
TBH it's difficult to be optimistic for you.
Panamax said:
toasty said:
They have paid nominal rent in the past to the housing authority for access to their garage. We just have a gate.
I realise that their case is far stronger than ours in this aspect.
If yours is just a pedestrian gate then that's the maximum possible rights you can have acquired. Even if it's wide enough for a car you'd need to demonstrate pretty consistent use throughout the 20 years to get any vehicle rights.I realise that their case is far stronger than ours in this aspect.
As regards the neighbour, payment of that rent is almost certainly fatal to any claim to have acquired rights "by prescription". Their rights will be limited to whatever the rental agreement says.
TBH it's difficult to be optimistic for you.
Panamax said:
TBH it's difficult to be optimistic for you.
OTOH, if OP can establish rights by prescription (which AIUI would need a sworn statement from the previous owner of their house, too), then that could be enough to kibosh the plans entirely so neighbour might be able to continue to rent.But OP's plans for a garage isn't likely to end well.
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