Rented garden law

  • Page

    of 1

    Previous Next
  • quadfather 26 Jul 2013 13:55:33 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    No idea where to start with this one, so I'll give it a bash here.

    Recently moved house into rented property. It's a strange building, originally purpose built as a pool hall, 1 storey, so effectively a strange looking long bungalow type of affair. It's been converted into a 'house' so to speak and everything is fine with that. As it's on the end of some terraced houses, I have a garden at the back which goes round one side of the building.

    It's this land at the back and at the side of the property that's confusing.

    The landlord has informed me (Nice bloke by the way), that the land doesn't actually belong to him. All he owns is a kind of "easeway" (his words) which is basically a small pathway around the back and the side that you can use to maintain the outside of the house.

    The rest of the actual garden belongs to a developer who (about 5-10 years ago) built some detached houses in the nearby area which actually included this land as part of the builds.

    This developer hassled the landlord about the land, but I'm not sure whether he was trying to get the landlord to buy it off him or not.

    Anyway, the developer hasn't been around on the scene for at least 4 years and is now retired.

    But he still effectively owns this land.

    So I said to the landlord, if I was to buy the house, could he first buy the land off the developer and put that price on the asking price.

    Or, if I was to continue renting, perhaps he could still buy it and then maybe my rent would increase.

    Or should I just keep renting and just risk that nothing will happen? (Slightly foolish and naive, but also a possibility)

    I said to the landlord I'd think about what I want to do, but if you were in this situation, and wanted the garden, what would you do? (It's a largish garden and has plenty of scope to be really good)

    Appreciate I've only half the answers at this stage, but I'd be interested in your views about what you'd do.

    Cheers

    psn quaddy456, Dark Souls tips

  • Alastair 26 Jul 2013 13:57:32 15,758 posts
    Seen 24 minutes ago
    Registered 13 years ago
    Try to buy the garden land yourself?
  • quadfather 26 Jul 2013 14:04:31 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    I could. But then I'd own the garden, but not the house, and if my situation changed and I had to move, I'd have to sell the garden separately.

    Suppose I could, but not sure if that could get messy?

    See I wanted the landlord to tie the cost to his mortgage, then it'd be a neater deal, legal wise and then I can potter to my hearts content

    psn quaddy456, Dark Souls tips

  • Alastair 26 Jul 2013 14:13:00 15,758 posts
    Seen 24 minutes ago
    Registered 13 years ago
    You could just potter in the garden anyway...
  • quadfather 26 Jul 2013 14:15:20 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    That's what I'm doing now, but ideally, I want to put some decking down, make some raised beds etc etc, all of which is going to cost money. It'd be just my luck for me to do it all and then the developer turns up and says he wants to turn the garden into a 24/7 roller disco.

    psn quaddy456, Dark Souls tips

  • elstoof 26 Jul 2013 14:20:55 7,357 posts
    Seen 9 minutes ago
    Registered 9 years ago
    You want to put decking down and raised beds in a rented property?
  • quadfather 26 Jul 2013 14:26:50 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    See that's the dilemma. Normally in rented property I'd make it look alright without spending a lot and leave it at that. But this garden is large and going to take a lot of maintenance. If the garden was already 'attached' to the property I'd feel more comfortable doing it (have friends that can get cheapish materials) but as its not part of the estate then I'm a bit wary about doing it.

    I'd just buy the damn thing if I could but that's not viable for me in the short term for various reasons

    psn quaddy456, Dark Souls tips

  • TheSaint 26 Jul 2013 14:32:27 14,397 posts
    Seen 8 minutes ago
    Registered 9 years ago
    This makes a nice change. Quite a few of my neighbours rent and they don't give a fuck about their gardens and it really pisses me off. All they seem to get used for his cultivating waist high weeds and giving their marijuana plant some sunshine when the weather is nice.
  • neilka 26 Jul 2013 14:32:59 15,954 posts
    Seen 13 minutes ago
    Registered 9 years ago
    Murder the developer

    A map is like comparing velocity and speed.

  • quadfather 26 Jul 2013 14:43:54 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    I'd like to murder the developer actually, as by all accounts he's a bit of a manipulative twat.

    I just can't see anything else other than landlord buys the land and increases the rent, or landlord buys the land and I buy the whole lot. But the latter will have to wait a while

    I'm wondering whether to ask the landlord to speak to the developer to check that it's ok that the current tenant if I make some changes (they'll be some walls built, things moved etc - it's not just mowing the lawn type stuff). But that might make the developer develop pound signs in his eyes

    psn quaddy456, Dark Souls tips

  • quadfather 26 Jul 2013 14:49:28 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    TheSaint wrote:
    This makes a nice change. Quite a few of my neighbours rent and they don't give a fuck about their gardens and it really pisses me off. All they seem to get used for his cultivating waist high weeds and giving their marijuana plant some sunshine when the weather is nice.
    I'm just getting older and actively like gardening :)

    It is a largeish garden though - and I've already started on rebuilding a dry stone wall as you can see where a landslide took half the wall out -



    so there's a fair bit of landscaping to do

    psn quaddy456, Dark Souls tips

  • monkehhh 26 Jul 2013 17:44:21 3,318 posts
    Seen 1 hour ago
    Registered 6 years ago
    Think he meant easement, not easeway :)
  • superdelphinus 26 Jul 2013 17:47:54 8,062 posts
    Seen 2 hours ago
    Registered 9 years ago
    Yeah the path is a textbook easement (love easeway though!). Land law is a complicated and ancient beast and I'd speak to an appropriate lawyer really, or you'll get all sorts of people telling you to put random bits of fencing up everywhere
  • quadfather 26 Jul 2013 18:02:12 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    Easement! That's it! Cheers

    Well see the more attention I bring to it the more likely it'll cost more in the long run.

    Spoke to some mates and had a think - the work I want to do isn't more than Ł300 and landlord is happy with long term let so I might just get on with it and see how it goes

    psn quaddy456, Dark Souls tips

  • quadfather 26 Jul 2013 18:03:36 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    As for fencing its all sealed off anyway and there's no immediate neighbours so I reckon I'll see how it goes.

    Though thus is after 5 pints. Probably be a different story tomorrow :)

    psn quaddy456, Dark Souls tips

  • onestepfromlost 26 Jul 2013 19:13:35 2,070 posts
    Seen 12 hours ago
    Registered 7 years ago
    tell him you'll buy it off him for a balder side sword.......oh
  • quadfather 26 Jul 2013 20:01:12 12,151 posts
    Seen 8 minutes ago
    Registered 4 years ago
    onestepfromlost wrote:
    tell him you'll buy it off him for a balder side sword.......oh
    Touche :)

    psn quaddy456, Dark Souls tips

  • Page

    of 1

    Previous Next
Log in or register to reply