Handshake failed to stop a turf war

SEALING property deals with a handshake can land you on very shaky ground.

One reader, James, knows this all too well after selling half his garden to his next-door neighbour a couple of years ago.

The amiable negotiations took place literally over the garden fence and it was agreed James would sell the land for £15,000.

They shook on it but a year later James’s neighbour moved. This is when the nightmare started.

He needed to access the land he had sold to check if a water pipe was leaking.

The new neighbour refused him access, which kicked off a nasty battle between the pair.

James ignored him and nipped on to his old land and dug a hole to access the water pipe. So his neighbour, incensed at the trespass, reported him to the police for criminal damage.

He was questioned by officers and released on bail.

At this point James, who lives in Hartlepool, Co Durham, got in touch with me.

My first port of call was to see if his solicitor had retained what is known as a right of way within the land sale contract. Unfortunately he had not done this.

Valuation

Luckily for James, the matter was dropped by the police a few weeks later but he is still left with a number of problems. For instance, what happens when he needs access in the future?

And what has the sale of the land done to the valuation of his house?

To make matters more confusing, he did not notify his mortgage company and obtain their consent to the sale.

The mortgage company’s interest in a house is something homeowners often forget.

But it is highly relevant because the house acts as security for the mortgage loan. So if you take action that devalues the house, such as selling part of the land to your neighbour, they will have something to say about it.

In the most extreme case, it could lead to the mortgage company withdrawing the loan.

These are all matters that a good solicitor or conveyancer will advise you on. But it shows that if you are thinking of selling some of your garden, there is far more to it than a simple handshake over the fence.

You can see more advice from Dean at theconsumerlawyer.blog.