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Author outhouses/old coal sheds ownership?
Carl
Member

Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
22nd Feb 10 at 21:04   View User's Profile U2U Member Reply With Quote

At the end of my new house there is 3 coal sheds, on the deeds they are on my part. When I first moved in I was stacking bricks outside and making a pile of rubbish when a guy from the end house asked me not to block access to his coal shed as they kept stuff in them. He then told me that one was his, one was my next door neighbours and one was mine.




Here are the sheds in question, as you can see the house next door has fenced their bit of the yard off and done up that they have at the end of their garden, all well and good but they are also claiming an old coal shed on my part. I was thinking then that on their land was probably an old toilet, so does that mean I can go drop a log in it if I do so wish?!

This pic shows the garden of the other neighbour who is claiming another shed.



As said on the deads they are on my land and also there is no stipulation that I must leave access to the sheds for other neighbours, the only thing on the deeds is that we aren't allowed to park the car on it. Do I politely ask them to take their stuff out so I can get my dad to water proof them and use them as storage or just leave it for now, or do I ask them to see if they have anything that says that they are theirs? Anyone had similiar or know if there are any old laws around coal sheds?!

[Edited on 22-02-2010 by Carl]
Joe
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Registered: 20th Jun 04
Location: Hesketh Bank, Lancashire
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22nd Feb 10 at 21:11   View User's Profile U2U Member Reply With Quote

So they are all yours then?
AK
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Registered: 5th Jul 00
Location: Aberdeen City
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22nd Feb 10 at 21:13   View User's Profile U2U Member Reply With Quote

Get a solicitor to have a look at the title deeds.... and maybe ask to see their title deeds to see what theres say.

It'll be a very delicate subject... if you go about it the wrong way you'll have to live next door to them

Does seem strange though. Its IN your garden, how do they access them? Have you spoken to the old owners of your house to see if it was just something they agreed to?
Carl
Member

Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
22nd Feb 10 at 21:14   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Joe
So they are all yours then?


I'm not sure, I'm thinking they are but I'm not up and land laws etc, I can't see anything that says they aren't mine but at some point in the past when they were used as coal sheds then they wouldn't have been 1 person's (I assume). I also can't see how my neighbour could in effect corden theirs off but still claim one of mine.
Simon
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Registered: 24th Apr 03
Location: Oxfordshire
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22nd Feb 10 at 21:15   View User's Profile U2U Member Reply With Quote

How would they access it, climb over your fence? It was probably more of an agreement with previous owners than anything legal, talk to them nicely and tell them to get their stuff the fuck out
Joe
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Registered: 20th Jun 04
Location: Hesketh Bank, Lancashire
User status: Offline
22nd Feb 10 at 21:19   View User's Profile U2U Member Reply With Quote

Some old laws and shit are proper weird about stuff like this though. My Grandad has loads of hassle with land he owns that isn't next to his house. Make sure you check up on it though, because I think if someone has been using/looking after land they can claim it as theirs.
Carl
Member

Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
22nd Feb 10 at 21:26   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by AK
Get a solicitor to have a look at the title deeds.... and maybe ask to see their title deeds to see what theres say.

It'll be a very delicate subject... if you go about it the wrong way you'll have to live next door to them

Does seem strange though. Its IN your garden, how do they access them? Have you spoken to the old owners of your house to see if it was just something they agreed to?


It was a repo so i've never met the old owner. Apparently the old owner and neigbours didn't get on, to the point he was egging their car. They are an old couple, seem like one of those couples that would know everyone's business although that is just first impressions.

The fence has a gate at the bottom nearest the houses as there has to be access for the end house.
Carl
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Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
22nd Feb 10 at 21:29   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Joe
Some old laws and shit are proper weird about stuff like this though. My Grandad has loads of hassle with land he owns that isn't next to his house. Make sure you check up on it though, because I think if someone has been using/looking after land they can claim it as theirs.


That's what i'm thinking, might put the emphasis on him to prove they are his rather than me prove they are not. I was going to go down the route of who would be liable if a slate came loose off the roof and hit someone, maybe say my insurance are wanting to know details of my property to make sure i'm fully covered.Iit's far fetched but I'm sure i'd be the owner of them then!
dannymccann
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Registered: 9th Aug 06
Location: Doddington, Lincolnshire
User status: Offline
23rd Feb 10 at 07:47   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Carl
quote:
Originally posted by Joe
Some old laws and shit are proper weird about stuff like this though. My Grandad has loads of hassle with land he owns that isn't next to his house. Make sure you check up on it though, because I think if someone has been using/looking after land they can claim it as theirs.


That's what i'm thinking, might put the emphasis on him to prove they are his rather than me prove they are not. I was going to go down the route of who would be liable if a slate came loose off the roof and hit someone, maybe say my insurance are wanting to know details of my property to make sure i'm fully covered.Iit's far fetched but I'm sure i'd be the owner of them then!


If you feel up to it do that, get them to prove its theirs, give them a time frame (say 1/2 months??) and say if its not proved by 23/04/10 it'll either be skipped or dumped in their garden. Get it in writing and keep a copy for yourself.

I dont know how legal this is either, so probably best to check with someone more knowledgeable
a_j_mair
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Registered: 23rd Jan 04
Location: Scotland
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23rd Feb 10 at 10:46   View User's Profile U2U Member Reply With Quote

speak to a solicitor and get them to check your deeds

best to get it done sooner rather than later as to cause less agreviances with the neighbours, maybe have a polite word that you were under the impression when you bought the house that the outbuildings were all included that are on your land and that you are going to get a solicitor to check


IMO if there is a gate at the house end they have to walk through your full garden to get in to "their" shed? No chance!!

if they do own it i would be getting a gate at the shed end and a fence to seperate it from your garden
chloe16v
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Registered: 29th Nov 07
Location: Rotherham
User status: Offline
23rd Feb 10 at 11:11   View User's Profile U2U Member Reply With Quote

get a nice big dog an stick it in your garden, they wont use the shed then
random dav
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Registered: 7th Jan 04
Location: NSW
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23rd Feb 10 at 17:42   View Garage View User's Profile U2U Member Reply With Quote

Deffo see solicitors as it could cause problems when you come to sell the house.


WRLFC !

Project cars
Carl
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Registered: 9th May 04
Location: Jimmy Bennett's la la land.
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3rd Mar 10 at 22:49   View User's Profile U2U Member Reply With Quote

I spoke to one of the neighbours today and asked her, she said they had issues with the previous owner and she mentioned that they had used solicitors etc. She kind of skulked off quite quickly after.

So at some point i'm going to ask if they got any paperwork from the solicitors, as if her story is true they should surely have something in writting. If they don't then it will ring alarm bells.

I also asked the receptionist at the solicitors I used to ask my solicitor, so I may here something from that end.
Colin
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Registered: 4th Apr 02
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4th Mar 10 at 15:29   View User's Profile U2U Member Reply With Quote

Just make it clear that your not wanting to cause agro/bother but would like some clarity on the matter so you can put it to bed one way or another.

Word of mouth isnt enough to hand over a bit of what you thought you bought.

Your solicitor shoud be able to find out quite quickly i'd assume.
MarkM
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Registered: 11th Apr 01
Location: Liverpool
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4th Mar 10 at 22:21   View User's Profile U2U Member Reply With Quote

Title Deeds (Official Copies) will/should have a plan that indicates your boundaries - generally everything inside is yours. Deeds will also state if there are any covenants are on the land - if you have to ensure your neighbours have access...
Carl
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Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
4th Mar 10 at 22:34   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by MarkM
Title Deeds (Official Copies) will/should have a plan that indicates your boundaries - generally everything inside is yours. Deeds will also state if there are any covenants are on the land - if you have to ensure your neighbours have access...


THey are inside our boundry and there are no covenants linked to them, only ones are the no parking and access to properties.

I'd going to ask them directly what they have from their solicitors , as Colin has said I want to get things clear from the off.
Tom J
Organiser: South Wales
Premium Member


Registered: 8th Sep 03
Location: Bridgend
User status: Offline
5th Mar 10 at 00:31   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Carl
quote:
Originally posted by MarkM
Title Deeds (Official Copies) will/should have a plan that indicates your boundaries - generally everything inside is yours. Deeds will also state if there are any covenants are on the land - if you have to ensure your neighbours have access...


THey are inside our boundry and there are no covenants linked to them, only ones are the no parking and access to properties .

I'd going to ask them directly what they have from their solicitors , as Colin has said I want to get things clear from the off.


is there an easement over your garden to allow access to other properties?
Carl
Member

Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
5th Mar 10 at 00:40   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Tom J
quote:
Originally posted by Carl
quote:
Originally posted by MarkM
Title Deeds (Official Copies) will/should have a plan that indicates your boundaries - generally everything inside is yours. Deeds will also state if there are any covenants are on the land - if you have to ensure your neighbours have access...


THey are inside our boundry and there are no covenants linked to them, only ones are the no parking and access to properties .

I'd going to ask them directly what they have from their solicitors , as Colin has said I want to get things clear from the off.


is there an easement over your garden to allow access to other properties?


Yes access by foot only to the properties, no mention of the outhouses etc i've just been re-reading the land registry bit.
Tom J
Organiser: South Wales
Premium Member


Registered: 8th Sep 03
Location: Bridgend
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5th Mar 10 at 00:54   View User's Profile U2U Member Reply With Quote

yeah. its just finding the actual legal owner of the coal sheds then as they already have right of access over your garden
Carl
Member

Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
5th Mar 10 at 01:09   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Tom J
yeah. its just finding the actual legal owner of the coal sheds then as they already have right of access over your garden


Does that meant right of access means they could demand to walk in giant zigzags to get to their property then and a gate at the bottom(for eg) wouldn't surfice? (if they were being arsey!)

It's crazy this land law lark. I found the originial 1910 quil written stuff the otherday, i'd hate to have to sift through that stuff for a living.
Carl
Member

Registered: 9th May 04
Location: Jimmy Bennett's la la land.
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10th Mar 10 at 22:33   View User's Profile U2U Member Reply With Quote

I've an appointment at the solicitors Friday, aparently it is too complicated to discuss over the phone. Sounds to me like they must have rights to each coal shed, will see what she says.
AK
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Registered: 5th Jul 00
Location: Aberdeen City
User status: Offline
12th Mar 10 at 13:21   View User's Profile U2U Member Reply With Quote

or they want to charge you more hourly rates etc
Carl
Member

Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
12th Mar 10 at 16:49   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by AK
or they want to charge you more hourly rates etc


I made sure it wasn't chargable. Been today, nothing in our deeds saying that there should be access so she is requesting their's to check from the land registry. If there is something in there's she said something about claiming off the land registry as we will have been in effect mis-sold, if it isn't she'll look deeper into it.
Carl
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Registered: 9th May 04
Location: Jimmy Bennett's la la land.
User status: Offline
9th Nov 10 at 19:13   View User's Profile U2U Member Reply With Quote

Had an arguement over the fence with them the other day. He wants me to prove it as it is me bringing it into contention. It won't be that way when I put something heavy there so he can't get in it!
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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9th Nov 10 at 19:19   View User's Profile U2U Member Reply With Quote

Could get interesting

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