Hello STW brain,

Looking into buying a humble house, one seemed too good to be true, which as it turned out was obviously the case.

A small terrace house, with what I thought was a cellar the same size as the floor plan, but after some questioning turns out the neighbour has bought and converted half the cellar.

Which sucks, but explains why its so cheap and I assume why it hasn’t shifted as its been on for a good while.

So what are the implications of this? Quite a few at a guess. The house is being sold as freehold, but given half the land the building sits on is now the neighbours, guess it makes it less simple?

I always said I’d rather have a small house in a nice area (which it is), than a bigger house in a rubbish area but guess this one is asking for trouble?

Ta,

sounds odd – have you actually checked the title deeds?

I guess it’ll be a flying freehold type situation. Not ‘that’ uncommon but I guess some companies won’t lend on it.

I’d want to know that agreements for maintenance were in place and probably more critically that its got enough sound insulation in it (just in case its a sex dungeon or a drum room)

Does the house make sense without the cellar?

Assuming the sale was all legit and the neighbour does own half the cellar you now have a flying freehold. It does complicate things in terms of repairs to the roof and structure as well as future development but doesn’t necessarily write the place off if the price is right.

Why not approach the neighbour and see if they’ll sell you their half of the cellar freehold.

I guess it’s not really any different from buying a freehold flat.

Aye, Geoffj was thinking similar! Will avoid like the plague I reckon 🙂 Ta

I’d give it a miss.

Aye, Geoffj was thinking similar! Will avoid like the plague I reckon Ta

Lots (if not most) flats in Scotland are freehold and it largely works*

*TJ’s edinburgh cooncil roof repair extravaganza excepted.

I always said I’d rather have a small house in a nice area

Well in my experience living in a terrace is all about how good your neighbours are

Don’t see why it should be a problem if the price is right and the legal agreement is clear. Our semi has a small bit of flying freehold (or maybe our neighbour does) due to the way the original building was split when it was converted to residential. Laywers were a bit worked up about it (and other similar issues) at the start but once they realised nothing could be done they just shrugged and say well you either take it on or you don’t. We did. Neighbours can be shit but usually they aren’t, and a nice clear boundary doesn’t stop the former anyway as numerous threads here attest…

I have a flying freehold over a tunnel (which is quite common in this town) and does not cause any problems. However I’d be a bit iffy about incursions into the cellar. Even if you’re happy with it and it’s legally set up you may well find potential future purchasers take a different view.

Put in a cheeky offer, sounds like they re having trouble shifting it.

Then, every week ask your new neighbour to buy it back.

It probably means the bodies are under your bit.

Make sure the good vintages are on your side.

Unless the house is massively cheaper than usual for the area run away

I looked at a terrace with a flying freehold (kitchen was underneath the front half of a back-2-back) and it just wasn’t worth the hassle

I share my garage with the neighbour. Divided in half with a painted line, each side plumbed and wired separately.

Solicitor said it was unusual but not caused me any problems. Insurance company would only cover the bikes if they’re locked to a ground anchor, though.

Have you checked the deeds?

Was it done properly? ie just selling it to the neighbour means nothing unless it is in the deeds

If its not in the deeds, offer stupid cheap money and then take back what is yours 😈

just selling it to the neighbour means nothing unless it is in the deeds

Nope. Look up Adverse possession, after 12 years unchallenged use they can gain title regardless.

How can you tell that someone owns (unregistered) land? Generally by asking the seller to show you the conveyance which he has from the time when he bought the land. But how can you tell that the person he bought the land from actually owned it, and the person before him? Nobody can trace their ownership of land by documentary evidence back to the first grant of land by William the Conqueror in 1066. This is where the 12 year rule comes in. Providing you can trace back ownership and prove that previous owners were in possession for at least 12 years then you know the person selling to you had good legal title because even if some previous seller did not actually own the land, the 12 years possession ensures that good title has been obtained by adverse possession. So the buyer knows that when he buys he will have good legal title.

So although the idea of someone obtaining title by adverse possession for 12 years seems unjust, it is a necessary legal rule in order to ensure, for the benefit of innocent third parties, that there is certainty about title to land. The potential injustice of squatters obtaining ownership by being in possession for 12 years without permission is said to be tempered by the consideration that obliging owners of land who are not themselves in occupation, to check on their land at least once every 12 years to ensure no unauthorised person is in occupation, is not onerous.

http://www.johnantell.co.uk/adverse-possession-of-land

I share my garage with the neighbour. Divided in half with a painted line, each side plumbed and wired separately.

Do you share each others tools?

Nope. Look up Adverse possession, after 12 years unchallenged use they can gain title regardless.

Ok check quickly then 🙂

All the above is good advice but i would add it might have been ‘sold’ via a long lease and in that case you still own the whole thing you just have a tennant in the basement for a very long time paying a nominal amount. That is not so bad.

Also expect to have the same problem when you try and sell it yourself!