PDA

View Full Version : User of alleyway/gates is not paying me; can I stop use?



Dirty Stop Out
07-04-2005, 11:42 AM
I have a property that has a side alley (which also belongs to me), at the end of the alley there is a bistro, but they have a sign and gates attached to my walls. The previous owners of the bistro were paying me a small rent for the use of my walls, but now the new owner of the bistro is ignoring my calls for payment of this service. He was advised of the situation by the previous owner of the bistro, but still chooses to ignore me....anyone have any ideas without the obvious answer of removing the sign and gates?

dazalock
07-04-2005, 11:49 AM
Just an opion:

Seems the obvious answer is as stated. Thing is you have no agreement with the new owner and he has no agreement with you, so if he is not willing to enter an agreement and pay for the use of your property then dont let him.

Sorry if thats not what you wanted to hear.

Paul_f
07-04-2005, 15:01 PM
Dazalock has given an answer poorly thought out, as this is probably a commercial property question. If you have established by specific performance i.e. the collection of rent from the previous owner for the right to have a gates & sign on your wall then the new owner should have been aware of that, and you should have every right to claim a similar amount.

The new owner's solicitor probably established this payment was being made beforehand with the old owner's Brief so if he doesn't pay up write to him and state that your solciitor will be making a formal demand within the next few days and he might be incurring legal costs too! Remember as you own the alley it is probably an access to the bistro. If the bistro owner has a legitimate access right [a covenant within his deeds or lease] via the alley then he ought to be paying for it as it shouldn't be free. If he has no formal rights of access but just an arrangement that has been in place some years beforhand, [an encumbrance], this benefit will have passed with the freehold or leasehold rights to the new owner.