How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

L purchased in 1991 a leasehold mooring in a marina, the

Resolved Question:

Hi l purchased in 1991 a leasehold mooring in a marina, the land adjacent to the mooring was developed in 2000 and as my mooring was going to be non usable l agreed to move to a different mooring in the same marina. The new lease was written by a solicitor in 2001 (this i have copies of), l never got around to signing the new lease as at the time my wife was terminally ill & the mooring was just another hassle which was left.
i have been on this new mooring since 2000, do you have any idea how l stand?
Many thanks for any advice you can give.
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. At a minimum, there is an agreement in force in relation to this new mooring whereby you rent for whatever you are currently paying. This agreement is evidenced by the performance of it, whereby you continue to use the mooring and pay any fee due. Whilst any agreement in relation to land, such as a mooring, has to be evidenced in writing, part performance is sufficient to remove the requirement for written agreement. Given that the lease exists in draft, you can now sign it if you wish. However, if you wish to terminate the lease on the mooring, you can simply give reasonable notice. The terms of the draft lease are not applicable as you never signed this lease prepared by the solicitor. What is in place is a verbal agreement evidenced in writing in any pre contractual negotiations together with part performance of this agreement. If you have any particular queries or further issues, I will be happy to help further.
Customer: replied 2 years ago.
Thank you, ***** ***** clarify, are you saying that as l have been using this new mooring continually since 2000 l have a right to stay put & own the lease on it?
The reason for my writing is that again the owners have made contact indicating that someone wishes to purchase my original mooring.
Do l now own, a - the new mooring & not the old one or, b - both moorings through length of time l have been on my new mooring & the owners telling me that l do still own the original.
Expert:  Buachaill replied 2 years ago.
2. Can you clarify whether you have been paying rental fees on (a) the old mooring and/or (b) the new mooring?
Customer: replied 2 years ago.
The invoice for the service charges do not specify which mooring it is for, but on one occasion i sent the invoice back asking the office to clarify which mooring they were requesting payment for, l subsequently got the invoice back with a hand written note on it advising that "according too our records it is for Berth B70" & signed by the person concerned.
Customer: replied 2 years ago.
sorry which is the new mooring.
Customer: replied 2 years ago.
B70
Expert:  Buachaill replied 2 years ago.
3. This is consistent with you owning the new mooring. I don't believe you can maintain a case that you own both when you are only paying letting fees for one mooring. Obviously a measure of confusion exists and I would suggest to you that you decide which mooring you want or is more valuable to you and then organise yourself so that you obtain that mooring. Clearly, the people you are dealing with are not sure of the ownership of the new mooring lease as you haven't actually signed a lease. So you should decide which you want and seek to profit accordingly. However, as you have only paid one set of mooring fees for 14 years, a case that you own both is simply not stateable unless you get agreement to this effect from the other side. Finally, you need to realise that there is confusion about the correct facts here and this is why the legal answer is so woolly and open to interpretation. But the bot***** *****ne is that facts exist which would allow you to move your argument in either the direction of the old mooring or the new one, but not both.
Expert:  Buachaill replied 2 years ago.
4. When I refer to the new mooring I am referring to the one you have been in since 2000. When I refer to the old mooring, I am referring to the one you purchased in 1991.
Buachaill and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for all your help & advise.
Have a good evening,John