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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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The freeholder for our property has now informed us tat he

Customer Question

The freeholder for our property has now informed us tat he has purchased the piece of land to the side of the property (that we have developed and put an extension on 7rs ago)as we believed this was unadopted land and have been applying for this via the land registry and have all the documentation for the past 13 yrs.) He stated he bought the lease for 2,000 in 2013 and now is threatening to make us take down the extension if we don't pay him 25,000.

Distraught and need of advice. What if we can't raise the money?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

The first thing to identify is whether he owns the land that you've built on. Do you accept that he does?

JACUSTOMER-pku0hl57- :

He states that he registered it in Jan 2013. The lease that he states he purchased does not clearly define the land at the side.

JACUSTOMER-pku0hl57- :

If he has registered it then does that mean we have to accept it?

tdlawyer :

No, you don't necessarily have to accept it. It might be that you were entitled to build because of some other legal principle, such as permission having been given perhaps, or the owner permitting it be built and not taking issue, hence they would be estopped from challenging you now. This is all down to the facts: but I doubt you would be able to rely on these principles. It's difficult for me to say as I know only a limited amount, but the more likely scenario I would have thought is that he might be able to challenge you building on his land, if you have done that.

JACUSTOMER-pku0hl57- :

We completed the build in 2006 when he was not the owner. Can he still make us pay as he wasn't the owner back then.

JACUSTOMER-pku0hl57- :

he is rally upping the anti now and has informed us that he has been to the council and checked the planning application stating that my partner lied on it as he stated we owned the land. As I have said we had been trying to establish who owned the land for many years and had a solicitor involved (he will not take this on as he states it is out of his remit as he is a conveyasing solicitor.

JACUSTOMER-pku0hl57- :

The owner is getting aggressive and has said that he will fence off the access to the drive and the back way onto our property. All this has happened over the course of the week end.

tdlawyer :

He can force you off the land if you have unlawfully built on it, even though you built on it when it was not his.