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Building a shed on a cross lease without neighbour permission. What are our rights?
lawyer I spoke to today informed me of that.. But I dont see it being a problem. Imagine me selling my property and saying "the shed is all council permitted and has council consents but it's not shown on the flat plan so as part of the sale I'll remove it. How many buyers do you think would want it removed? I think most would want it kept..
I'm not arguing with you - you asked and I suggested.
Not sure why you asked though - you have the answer already.
Please don't get me wrong. I do appreciate the advice. When I started this post I had no knowledge.of any of this. I have had to work through it. And every day more knowledge has come to light. But even though i think i have worked it out it's also great to hear opinions and nicely discuss / debate it. Through discussion there is a much better chance of me learning the pitfalls or positives of what I'm about to do.
The one area I worried about is getting the shed built and the neighbour winning a court case making me have to tear it down again. I think I have that covered as in the cross lease it states they must have a reasonable excuse to stop me.
And your previous opinion is very valid. I was hoping my reply might encourage you to expand on your thoughts! Is my reply a common sense one? As its only a shed all be it a very large one, so surely most won't care? Or am I not looking at this properly?
So I wasn't trying to offend and my apologies if I did.
Imagine me selling my property and saying "the shed is all council permitted and has council consents but it's not shown on the flat plan so as part of the sale I'll remove it. How many buyers do you think would want it removed? I think most would want it kept..
Title issues give many an excuse to drive the price down.
People will walk away as they perceive a big issue so your future market may be reduced (lawyers will point out to prospective buyers that the title is defective).
Personally I think you are better to follow the line that they can't 'reasonably' object.
This can affect their ability to do similar as you add to the site coverage and the overall site coverage is limited by the council. Maybe they don't have enough exclusive use area to do anything like that with - that would be an argument in your favour if that came up.
Some people just don't like change.
Title issues give many an excuse to drive the price down.
People will walk away as they perceive a big issue so your future market may be reduced (lawyers will point out to prospective buyers that the title is defective).
Personally I think you are better to follow the line that they can't 'reasonably' object.
This can affect their ability to do similar as you add to the site coverage and the overall site coverage is limited by the council. Maybe they don't have enough exclusive use area to do anything like that with - that would be an argument in your favour if that came up.
Some people just don't like change.
We are on a very large site, so it wont affect their ability to develop so all good there. We are on aprox 1700sm section. So they cant use that as any excuse. I honestly believe for them its more about power tripping. "I have the ability to say no, so Im going to"
I have had a good friendly discussion with them and they threw a few excuses at me, none realistic.. ie: "Your shed will add more foot / car traffic" I replied , "how so, i can only drive one car at a time" They had no answer for that. There were several other lame excuses that I squashed pretty quickly. In the end it came down too "I just dont like how it will look. It will feel all closed in" It came down to feelings. Nothing logical.
I appreciate everyone's feedback. Seeing the council are on board and the neighbours dont have a good excuse to say no, I think we are all set to go, unless anyone else can see anything I have missed.. Appreciate everyone's help. Thanks all.
We are on a very large site, so it wont affect their ability to develop so all good there. We are on aprox 1700sm section. So they cant use that as any excuse. I honestly believe for them its more about power tripping. "I have the ability to say no, so Im going to"
.
You might be better to look at freeholding - separate the sections.
It was the first thing I asked but they said they had no money. It would cost around 35 to 40k. I thought about offering to pay their share but decided against it. I refuse to see them benefit from their behaviour. They said they are selling up with in the next couple of years. So hopefully the next neighbour's will be a little kinder.
That reminds me of the song, "If i were a rich man" lol.. Couldnt afford the repayments, considering the rent wouldn't go anywhere near covering the weekly repayments...
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