outline on deed has next door's extension in it only noticed after I bought property

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    outline on deed has next door's extension in it only noticed after I bought property

    I've got a problem similar to Farmerfam.

    I bought a midterraced 2up 2 down with just a backyard leading onto a back alley. The red outlined area appeared to be the same as the physical area. However, next door have built a small extension with their bathroom on the back on their property which is actually within my outlined area. They have also built a kitchen with a small bedroom above and a small hall that joins the two parts of the extension. So be clear - it's an extension with the bathroom part on in my area and the two storey kitchen and bedroom on their part. I didn't notice this at first as it wasn't obvious. I They know they're on my area but we haven't done anything about it. Their extension might have been there for 12 or more years. Both properties are tenanted.

    Without the bathroom being in my yard they would have to put the bathroom in the bedroom above their kitchen because their yard is tiny and couldn't have the new bathroom in it.

    I pay ground rent of £1 a year. I could buy the lease for around £750.

    When I come to sell the property (or sale is due on my death) I would have to declare the discrepancy. How do you think this would work out?

    Should I do something now? If so, what ?





    #2
    Buy the freehold, sell them the land in question that they have encroached on, and get the deeds altered at their cost?

    That should tidy things up and avoid any future problems when you come to sell.

    Comment


      #3
      Originally posted by nukecad View Post
      Buy the freehold, sell them the land in question that they have encroached on, and get the deeds altered at their cost?

      That should tidy things up and avoid any future problems when you come to sell.
      I am afraid it will not.

      The neighbour is in adverse possession of leasehold property and, subject to complying with all the necessary conditions, is now effectively the tenant of that part of Berlingogirl's property which he occupies. If Berlingogirl buys the freehold it will be subject to the neighbour's tenancy of that part.

      The problem here is really the neighbour's and not Berlingogirl's. There may be some devil in the detail, but it looks like there is no way Berlingogirl is going to be able to claim back the part encroached on. I certainly would not recommend pursuing a claim.

      Comment


        #4
        I spoke to the company I pay the ground rent to and they say they don't have a record of which bits of yard belong to which property. I've only got the red outline on the land reg plan.

        What happens should I decide to sell the house?

        Should I be charging rent to the landlord of the property with the extension on my land?

        How should this problem be legally solved?

        Comment


          #5
          If you don't mind losing the land you could buy the freehold and just have the boundaries redrawn. It means giving up that bit of land but it may be better than legal fisticuffs that could prove expensive.

          Comment


            #6
            The freehold is £750 but the ground rent is only £1 a year. My back yard is quite a good size for the area, but next door's is tiny, so I don't need the extra space, but next door do. I don't want to give the area away. Next door on the other side has also legally, taken a small slice of my yard but this is outlined on the plan.

            Comment


              #7
              Before I respond further, can you confirm how significant the encroachment is, please? A plan would be good.

              Comment

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