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- 17 Apr 2015
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I'm selling my house and my next door neighbour has just threatened legal action over a garage on my property that has stood for 21 years.
my father bought the house 23 years ago.
this is a 3 bedroom semi with a driveway running down the side of the house between our house and the neighbours. it is not a shared driveway, each house has its own separated by a brick wall. At the time we moved in, the neighbour had already built an extension to his house that is a garage with a nbedroom over the top, that is on his driveway space up to the party boundary.
2 years after moving in, my father spoke to the neighbour and verbal permission was given to build a garage on our drive. this is a metal corrugated roof, with wooden supports attached to his extension wall. This runs the length of the house (about 25 feet) and is enclosed front and rear. so it is not a carport.
it has never been a carport. it was built like that from inception. No written agreement was made at the time.
8 years ago I bought the house from my father under a joint mortgage with my now ex wife and my parents moved out.
1 year later, we divorced, and I took sole ownership of the property.
I am now putting the house up for sale and the neighbour has said a valuation agent has told him, our garage is devaluing his property and he wants it taken down.
this has since been modified to a lie of 'I only ever gave permission for it to be a car port, take down the garage door at the front and the wall at the back.'
my understanding is,
1.) it is over 15 years old so he doesn't have a leg to stand on re planning regs or anything like that.
2) the agreement was with my father, not me, he does not own the house, I do. so whatever the agreement was, was not with me and I've owned the h ouse for 8 years, and again, no objection was made.
am I right in thinking he's throwing his money away if he tries taking me to civil court over this?
my father bought the house 23 years ago.
this is a 3 bedroom semi with a driveway running down the side of the house between our house and the neighbours. it is not a shared driveway, each house has its own separated by a brick wall. At the time we moved in, the neighbour had already built an extension to his house that is a garage with a nbedroom over the top, that is on his driveway space up to the party boundary.
2 years after moving in, my father spoke to the neighbour and verbal permission was given to build a garage on our drive. this is a metal corrugated roof, with wooden supports attached to his extension wall. This runs the length of the house (about 25 feet) and is enclosed front and rear. so it is not a carport.
it has never been a carport. it was built like that from inception. No written agreement was made at the time.
8 years ago I bought the house from my father under a joint mortgage with my now ex wife and my parents moved out.
1 year later, we divorced, and I took sole ownership of the property.
I am now putting the house up for sale and the neighbour has said a valuation agent has told him, our garage is devaluing his property and he wants it taken down.
this has since been modified to a lie of 'I only ever gave permission for it to be a car port, take down the garage door at the front and the wall at the back.'
my understanding is,
1.) it is over 15 years old so he doesn't have a leg to stand on re planning regs or anything like that.
2) the agreement was with my father, not me, he does not own the house, I do. so whatever the agreement was, was not with me and I've owned the h ouse for 8 years, and again, no objection was made.
am I right in thinking he's throwing his money away if he tries taking me to civil court over this?