The Motor Forum

Big TC · Posted: Mon Nov 02, 2009 5:32 pm Post subject: Busy-body neighbours.

Seems like a neighbour has decided to attempt to renovate the derelict old church hall which is right next to our property (he does own it apparantly). He insists that the passageway alongside it and our house, which goes to our back garden, is 'shared access'.

The thing is, the old hall has absolutely no land of its own, so on three sides of it, he'll have to be on our land to put up scaffold/work on it. The strip of land on the other side is where we park our cars - it belongs to the Duke of Argyll, as does the yard just up from the hall, so we can, if we so wish, prevent him getting access on all sides (as I'm fairly sure there is no 'shared access')

Then he says he's love it if part of our garden could be incorporated with the hall for a garden.... As our garden's plenty big enough to divide up, but doing so would loose me my garage (which admittedly is falling down) and would mean my heating-oil tank would need to be moved, I may well entertain it. At a price, of course....

Can I make it part of a contract that he would have to pay to move my oil tank, and prevent him from using the side passageway for access (its the way into our house too)? How much is land for that sort of use anyway - in Argyll??
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Roadrunner · Posted: Mon Nov 02, 2009 5:41 pm Post subject:

It will be worthwhile checking with your solicitor that the hall definitely has no right of way across neighbouring land for maintenance purposes. If there is no right of way, then one can be created, at a price.

No idea of Argyll land prices, but you can certainly get him to pay for the cost of moving the tank as part of the deal. He should also be made to pay for any new gates and fences that may be required. As the additional land will have a significant effect on the resale value of the hall, this would have to be reflected in the price he pays to you. I once negotiated a similar deal for someone which earned them £25,000, for a small strip of overgrown garden.
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"Whatever is rightly done, however humble, is noble." Henry Royce

Scouse · Posted: Mon Nov 02, 2009 5:42 pm Post subject:

First up - check your deeds. If there is no right of access mentioned on them then it's a case of 'bollocks to you matey' until such time as he can prove that there is or until you want to gibve him access.
Secondly - the contract for sale of part of your garden. What goes in it depends very much on how badly he wants part of it. . If you want £10k plus the tank moving then that's your price - he pays it or doesn't get a garden.
Thirdly - How much it's worth, then it's the same question - how badly does he want it?
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Scouse

Big TC · Posted: Mon Nov 02, 2009 6:00 pm Post subject:

Thanks for the replies, guys.

I can't see the renovated hall making an attractive dwelling (that's his plan) without a garden at all.... The chunk of my garden that would suit is about 25ft x 40ft, so not an insignificant piece.

The only problem I would have is loosing my garage - there's nowhere where another could be sited. I use my garage for storage of loads of stuff - including an old car (which would have to go).

I was thinking of 20k, with all the bits and pieces mentioned above included in the contract....
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It's a '57 Pontiac Star Chief, dontchaknow.

TimR · Posted: Mon Nov 02, 2009 6:02 pm Post subject:

Why not ask an estate agent for an estimate or perhaps your solicitor could help?

Roadrunner · Posted: Mon Nov 02, 2009 6:03 pm Post subject:

Start your negotiation at piss-take levels, then see how desperately he wants it.
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"Whatever is rightly done, however humble, is noble." Henry Royce

scamper · Posted: Mon Nov 02, 2009 6:04 pm Post subject:

Seems its a win win situation for you TC.

PG · Posted: Mon Nov 02, 2009 7:09 pm Post subject:

Re access - as already said, check your deeds. If there is no right of access, he can ask for reasonable access under some law I can't remember the name of (sorry), but this would be for maintenance. If there is some aspect of development going on, then I don't think he can rely on that.

Re the garden, you need to get an estate agent involved to value your house without the garage and land. Also ask them what value it would add to the neighbouring property. That gives you a range of values to go at.

If you do sell, make sure that the contract covers him paying your legal fees, full reinstatement, moving stuff etc too.

JohnC · Posted: Tue Nov 03, 2009 9:59 pm Post subject:

I've got a client with a building plot not too far from you Trevor and he has been trying to sell it for 2 years now at £70,000 with planning (big enough for a holiday type chalet). No takers yet i'm afraid.
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Big TC · Posted: Tue Nov 03, 2009 10:22 pm Post subject: