Should L disclose to T a neigbour dispute?

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    Should L disclose to T a neigbour dispute?

    Hi all, first time poster so please bear with me.

    I am about to rent out my home as i have bought a second property (i intend to keep this house indefinitely).

    My problems are:

    -do i tell potential tenants about a (fairly minor but complex legal) dispute between myself and a neighbour (who owns all of the land/roads around my property)

    - this includes him trying to deny me all access rights (this problem has now been cleared up with the land registry as my rights are on my deeds), but he has also tried to stop me parking on the lane where cars from my property have parked for (at least) 23 years (and it will be much longer, but i cant trace any further back than this)

    - what do i do with my (small) back garden, to which i feel i have good grounds to claim adverse possession on (i can prove 23 yrs exclusive possession/use) prior/after tenants move in!!

    To cut a very long an complex story short(er). I have lived here for 8 years with no problems until last year, when myself and my other neighbours invoked the wrath of my next door neighbour (for reasons i wont go into, but I assure you we did nothing bad/illegal!!!)

    He now claims he owns my garden (deeds do show some, erm, 'boundary discrepancies', that i/he was completely unaware of until 2007) and that i cannot park anywhere near my house!!

    I/he have taken no action in the 12 months since he told me all of this (including via solicitors letters) and have continued to park on the lane.

    Although i (and any tenants) have undisputable access rights, there is no parking space allocated in my deeds.

    I do not want to mislead tenants, but dont want to put them off, so thought i would tell them that 'i have always parked here, but i dont own the lane, so you could be asked to move'. Is this acceptable?

    If my neighbour tells the tenants to cease parking on the lane, do they cease, ignore him, or should i start to think about trying to get permissive parking rights?

    I do not feel it necessary to say anything to them about the garden as I think i have very very strong grounds for adverse possession, possibly under the transitional provisions (2 previous owners will vouch for their use of the garden). However, as i do not think my neighbour will be proactive in trying to get the land (i.e. i believe he would have to get a possession order to claim this land back and take my fences and garden to bits, which might be difficult in the circumstance) I have done nothing. I would tried to claim adverse possession if i was going to sell, but do you think it would be fine to just let it lie...leave the ball in his court if i am going to rent it out for the foreseeable future?

    BTW - the only alternative place to park would be in the disputed land (adverse possession patch). I have vehicular access to this area, but i am wary of taking down the fence to create a parking space whilst any adverse possession is unsolved. It has been suggested that i create a parking space and put up a movable chainlink fence, but i feel that this would be compromising any adverse possession claim?

    I have some further queries related to adverse possession under tenancy, but these may be too lengthy for this forum!?

    Thanks in advance for any thoughts, advice or feelings

    Sadie

    #2
    Whilst you don't have to volunteer information you must answer any questions truthfully.

    You might find a tenant try and terminate an AST early if the neighbours are a continual nuisance.

    Take legal advice on this.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      I think that you would be very ill advised to rent your property out until you have resolved these legal issues.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

      Comment


        #4
        It could affect the tenant if the neighbour becomes a nuisance, especially over parking. A property without parking rents for less.

        Also the tenant may take your neighbours side. I unwittingly walked into a dispute once between a flat owner and the freeholder also a neighbour. I was a tenant renting from the flat owner and as the freeholder got quite friendly with me I let him in for a look round and to check access and see what had been done to the flat etc. So if the tenant allowing the neighbour on to the property or not complaining if fences were to be removed would be a problem then perhaps a tenant isn't a great idea?

        Sometimes it can be horrible for a tenant to be caught in a dispute between a neighbour they have to live next to day in day out and their absent landlord. Sometimes they just want to get on with the neighbours in peace. I am still friends with that neighbour/freeholder even though I moved away.
        ~~~~~

        Comment


          #5
          The parking I think i will be honest with them up front. I dont want to mention a dispute as such (and neighbour hasnt said anything for nearly a yr now). I am going to tell them that i have parked in this spot, but neighbour owns it and may ask you to move - which you will have to. I was never going to tell them it was 'ok' to park in the spot.

          All this seems such a shame as people have lived quite happily in these houses until last yr.

          It also seems a shame that people have pas, but i suppose if this had no legal basis then i can accept that.

          The garden I am unsure about. I really do not think that neighbour will act on it. I have taken legal advice on the adverse possession situation and am almost convinced he would never defend/win the land back (it is only a few metres wide, and he owns acres!!!). However, i dont want him to say anything to tenants about not using the land.

          I really dont have an option to not rent this house out.

          I may wait and see what happens over the land. If he says anything to tenants then I will then have to tell them it is my garden ( i consider it is after probably 200 yrs of use - thats not an exaggeration) and then reconsider/start a claim for possession?!

          Sadie

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