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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32826
Experience:  award winning lawyer with over 15 years experience
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Madam, Please can I have legal advice and or a response on

Customer Question

Dear Sir / Madam, Please can I have legal advice and or a response on the following litigation query my Father has concerning the freehold of the land he has on which the garage at the rear of his house situated on. The situation is that the garage at
the rear of the property is now up for sale but my Father has not been informed by the owners or guarantors until challenged. In years gone by my Father had a contract in place where he would receive a small amount of money for the use of the land the garage
is on but this had stopped completely over 12 years ago. The questions I would like an answer to is as follows:- 1. Do the current owners of the garage have a legal obligation to inform my Father who is the owner of the land that the garage is up for sale?
2. Do the new owners of the garage have a legal obligation to inform my Father who is the owner of the land of the purchase of the garage and then seek a new contract for the use? 3. Would the fact that my Father has no current contract in place would affect
a new contract from being forged for the use of his land. 4. Would the fact that my Father did not have a contract in place with the previous owners of the garage for 12 years have a bearing on any new contract to be agreed? 5. Can my Father prevent the sale
of the garage? 6. What should be the correct approach to take with the owners of the garage, if you were my father given the information already received above. I await your reply. Regards ***** ***** in anticipation.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.

I would be very happy to help but a little confused. Does your father own the garage or the land?

Customer: replied 1 year ago.
Hi Thomas, my Father own land not the garage. He has the Freehold for the land the garage is built on.
Customer: replied 1 year ago.
Please can you confirm if are still looking to answer my questions?
Customer: replied 12 months ago.
Dear *****, please can you confirm if are still looking to answer my questions?
Customer: replied 12 months ago.
Dear *****, you still have not answered my question. I have confirmed that my Father owns the Freehold of the land the garage is built on. Please can confirm if you are still able to help
Expert:  Thomas Judge replied 12 months ago.

Sorry but I have been away. Who owns the garage and why was it built on his land?

Customer: replied 12 months ago.
My Father neighbour owns the garage Mr Osbourne who died earlier this year. The garage is now currently up sales.
When my Father purchased the house the garage wasn’t part of the sale only the land that the garage was built on, this back in the sixties.
Expert:  Thomas Judge replied 12 months ago.

The key to the questions that you have set out above will be the actual agreement entered into between your father and the neighbour. That document should set out actually the basis of the garage being on the land - the fact that there was a rent implies that he was renting a portion of the land to them for a specific period - the document should explain what happens at the end of that period and thus who owns the garage. I would be surprised from what you have written that there was an expectation that the land would transfer, but the agreement should set out what would happen after the term. Happy to discuss

Customer: replied 12 months ago.
There is no contact in place nor has there ever been one. The only terms regarding the lease are set out on the deeds instructions. Any agreements made between my Father and Mr Osbourne were made verbally only.
Expert:  Thomas Judge replied 12 months ago.

and what are they?

Customer: replied 11 months ago.
Hi Thomas,Sorry for the delay in getting back you in response to your last question, but In answer to your question on what has been agreed upon between my Father the land owner and Mr Osbourne the garage owner. Nothing and any verbal agreement was not upheld.All my Father can do is refer to the terms and conditions recorded on the land freehold deeds.In an attempt to simplify this matter further I have attached 2 emails and 8 off JPG recording the details against the land Free Hold deed my Father possesses.Hopefully you will be able to extract the terms and conditions that should be applied to any new contract to be forged potentially with the new garage owners.Also as the garage is up for sale who is responsible for insuring that a contract is in place?
Expert:  Thomas Judge replied 11 months ago.

I can not see the attachments

Customer: replied 11 months ago.
Sorry Thomas, but I sent photo copy attachments to email address:***@******.***. Have you another menthod that I can use to forward you documents to read, as I can send a copy of the text recorded against land deeds to you by post. I await your response.
Expert:  Thomas Judge replied 11 months ago.

I will see what I can find

Customer: replied 10 months ago.
Can I send you copies of the land freehold deeds via the post service for to look over. All I will need is your portal address details. We just need your suggestion on a way forward to ensure a contract is in place with the new owners of the garage and whether or not my Father should be covered for the legal fees under his building and contents insurance where it has been confirmed he has legal cover also.
Expert:  Thomas Judge replied 10 months ago.

I do not have that facility. Hopefully the email attachments will work.

Customer: replied 8 months ago.
Dear Mr Thomas, I have attempted several times now to forward you a copy of my Father's deeds via email and every time it has failed. Please can you advise me on a method that I can use to forward the document onto you.
Are you able to instruct me on what legal instructions we need to put in place now with the new owners of the garage. How do we forge a new agreement with the garage where my Father receives a rent for the use of his land.
Lastly, would you agree that my Father has a claim to peruse under his home and or building insurance?
Expert:  Thomas Judge replied 8 months ago.

I will try and get JA to contact you about the documents

Customer: replied 8 months ago.
You can ring me on Mobile No: 07733 4****** at any time. Alternatively you can provide me with your postal address and contact details and I can forward a copy of the document onto you recorded delivery.
Mr R.W.
** ****** Park Road,
*******,
********,
**** 4FX
Expert:  Thomas Judge replied 8 months ago.

ok will get them to sort

Customer: replied 8 months ago.
No one has contacted me or left a message Thomas. Please can I have an address and contact details to forward my documents onto. I have now paid two amount of money for almost nothing in return
Expert:  Thomas Judge replied 8 months ago.

I have asked them to contact you.

Customer: replied 8 months ago.
Hi Thomas, I still have not received any contact from your colleges and I still do not understand why I can not post the documents to yourselves? What is the point of someone contacting me?
Expert:  Thomas Judge replied 8 months ago.

I have not got an address - it has to go through just answer - this is very frustrating - I will chase them again

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