Buying adjoining council land

[yardie]

We bought our council house and now wish to build a conservatory but the adjoining trees/fence to next door (which is our side) runs at an angle which would end up being built into next doors garden (Still council owned).
Our neighbours side is overhung considerably by branches and not regularly maintained and the squared off area as such is not used, no shed/greenhouse/shrubs/plants etc... The end 'corner' is generally used as a dumping ground for garden waste.

What would be the best approach to buying the land which would square off both gardens without causing upset to our neighbour who we do occassionally speak to.

I would guess that the council would consult our neighbour to see if they have any objection to losing part of the garden so might seem rather underhanded and could cause upset, so might be better to discuss with neighbour first.

The neighbour is no.1 and the fence line in question is in the rear garden (top left red line running at an angle across to the right).

 

[conny]

So you want the red line at top left to run at 90 degrees to your house, thereby using part of your neighbours garden.

Is that correct?

I would try to get a copy of your deeds which should show the exact boundary lines of your property. It may be that at some time in the past a previous neighbour has encroached upon your land with or without permission. Once you have the facts straight then you will be in a better position to approach your neighbour to discuss the issue. If your land has been 'poached' at some time in the past you will then have a stronger case if it should ever reach court.

 

[yardie]

Run at 90 degrees, yes correct.

The plan attached above is from the title deeds so looks like it is correct.

 

[conny]

Then I would suggest the next step is to have a friendly chat with your neighbour first and explain your plans.
If they openly reject the idea but the council, (who own the land), give you the go ahead it can lead to 'tense relations' with your neighbours in the future. If they seem keen on the idea then I would try to et them to agree with the principal of it in writing. This will make your case much stronger in the future if they change their mind. Obviously if it goes ahead you will need to do it through a solicitor and may offer to pay for their solicitor, (get quote first of course!) if it eases the way.

 

[Bosswhite]

As the Council are the owners of the land, I would suggest speaking to them first, I doubt that they will allow the sale of the land, they would be violation of the rental agreement with their tenants.

 

[yardie]

Not entirely sure which part of the tenancy agreement they would be breaching!

 

[securespark]

That which says they agree to rent the tenant a house with a garden XX m²?

I dunno...

 

[big-all]

That which says they agree to rent the tenant a house with a garden XX m²?

I dunno...

yes exactly

when you take on a lease or agreement you then have a contract for the full package that is yours for the full term
in a similar way you lease a car or a sky package
ooohh we want to remove the left wing off the car or we would like to remove part off your sky package you have paid for possibly the sports channels

or you go into tescos and you by £115 worth off shopping and get £108

or indeed you have bought your house and now your neigbour wants to buy 30% off your garden but thinks you have no rights to object in general

in otherwords you have a contract for services thats what you should get without variations

 

[conny]

That which says they agree to rent the tenant a house with a garden XX m²?

I dunno...

yes exactly

when you take on a lease or agreement you then have a contract for the full package that is yours for the full term
in a similar way you lease a car or a sky package
ooohh we want to remove the left wing off the car or we would like to remove part off your sky package you have paid for possibly the sports channels

or you go into tescos and you by £115 worth off shopping and get £108

or indeed you have bought your house and now your neigbour wants to buy 30% off your garden but thinks you have no rights to object in general

in otherwords you have a contract for services thats what you should get without variations

Think I'll use this phrase in my dispute with the landlord over the plumbing problems in this house!

 

[yardie]

Quite sure the m2 of garden is never specified in tenancy agreements, just 'a garden', and would imagine that they would consult the neighbour before proceding or at least would hope so.

Its council land afterall and if they have the power to enforce compulsory purchases I'm sure they can sell a small parcel of land that is theres in the first place. Its all about revenue, even if the neighbour did rtb the purchase price would have no effect to either party.

 

[Bosswhite]

The Neighbour is paying £xxx for the rent of the House and garden, as it is at the moment.
If there is negotiations between the Council and the next door neighbour to sell off part of the Garden the neighbour losing part of the garden would expect compensation,
a bit of elaboration on the way the deal was being handled, the stress and strain of the legal side, and the neighbour could walk away with a tidy sum in compensation. More than the land was worth if he had purchased the property under TRB

 

[big-all]

Quite sure the m2 of garden is never specified in tenancy agreements, just 'a garden', and would imagine that they would consult the neighbour before proceding or at least would hope so.

Its council land afterall and if they have the power to enforce compulsory purchases I'm sure they can sell a small parcel of land that is theres in the first place. Its all about revenue, even if the neighbour did rtb the purchase price would have no effect to either party.

it doesnt specify how many windows or how long the driveway is either its because these items are taken to be as is

a contract is a legally binding document you cannot vairy the terms without both sides agreeing

 

[mattylad]

Or the neighbour could just say - yes not a problem, it makes it better for me being straight too.

 

[Bosswhite]

Its not the neighbours property to say "yes" to

 

[EFLImpudence]

Common sense (Council probably has other methods).


If both houses were still Council owned, it would make no difference to them as long as both tenants agreed.

However, as you have bought your house you will have to pay for it - if next door agrees - I wouldn't.