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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10225
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I am buying an end of terrace cottage and between the cottage

Resolved Question:

I am buying an end of terrace cottage and between the cottage and the building next door there is a driveway leading to a yard belonging to the property next door. Over the driveway is a signboard (currently not in use, no sign writing and dilapidated looking). The owner of the yard and property says they have been in his family for generations and that the signboard has probably been up for 100 years. The vendor of the property I am buying led me to believe that all I had to do was to ask him to take it down. That has proved not to be the case and I have discovered he wants £10,000 to remove it. I pointed out to the vendors that the onus should be on them to resolve the issue before exchange and I even offered to pay half but they have refused. My instinct is to just walk away but the property in every other respects suits my purpose and timing. I am worried that if I don't pay the £10k now he may ask for £20k next time I ask for it to be taken down. I have spoken to the council planning and building consent departments who could not help. Do you have any advice to give. A historical right surely does not enable him to request an unreasonable amount or does it? And what if he decides to use it to advertise something which would further adversely effect the value of my property. Any advice would be very much appreciated. I have searched the net extensively and have not managed to come up with anything.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
I am afraid that if the signboard is on the neighbour's land, there is nothing legally you can do to force him to remove it.
You therefore need to resolve the issue before you exchange COntracts, or if you are not happy with what is done/not done, it would be best for you to walk away from the property.
I aleays tell clients- Why buy a property with a potential problem when you can buy a property without any?
Sorry I haven't perhaps told you anythng more than what your Solicitor has told you,but this is the position you face and if the neighbour holds you to ransom, there isn't anything you can do to ask him to reduce his demands.
Kind Regards
Al
Customer: replied 1 year ago.
Thanks for that the only thing I should have said is that the signboard is attached to my property with a couple of bolts (and same at other end).
Customer: replied 1 year ago.
what would be my property!
Expert:  Aston Lawyer replied 1 year ago.
Thanks for your reply.
If the signboard belongs to next door, I'm afraid the next door property has acquired a right to keep the sign in place-in law, a right (in this case the right of support by way of bolts attaching to your wall) is acquired if it has been exercised for 20 years.
Therefore, my answer remains the same.
Sorry.
Kind Regards
Al
Kind Regards
Al
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10225
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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