How much can I charge?

[stroller]

My neighbour has a septic tank in my field (it's on the deeds with right of access etc etc) the top collapsed a while ago so he's got to replace it with either a digester or a soakaway to conform with the new regs. He doesn't have enough distance in his garden to get it far enough away from his house to put one on his property, there is also a road between his boundary and the field so he's stuffed when it comes to getting electric to it. The current tank was flush with the ground so I could just drive over it with minimal loss of cropped area, a new digester will be considerably larger and I won't be able to drive over the top of it. He's offered to buy a piece of my field to put in a soakaway which will enable him to use the current septic tank, but not mentioned a price yet, I'm not sure he has many options so I think I hold all the cards. My solicitor said he was pretty sure that there is no precedent in law for there being a right to upgrade these old systems under the current wording of the deeds.

 

[Still Farming]

Same thing happened with a pub local here.
They just came in on qt and dug and renewed ???
If they ant got the land they should never of allowed in beginning , but as said -existing .
EA and Public Health be interested also maybe.
Watch em ?

 

[Formatted]

Question for an agent I think

 

[SeatWarmer]

Is it how much can you charge?

Or how much should you charge?

 

[Steevo]

Is it how much can you charge?

Or how much should you charge?

Or are you better off saying "no, thank you"?

 

[Netherfield]

Depends how neighbourly you want to be.

£25k per year should cover it.

Seriously get yourself an agent.

 

[Still Farming]

More like you get nothing -Solicitor gets thousands ither way you fight it !

 

[Steevo]

Imagine if you wanted to buy a patch of their garden....or put something of your own on their land semi-permanently.....

 

[Frodo]

I cant believe there is no legal precedant for this.

Also find it hard to believe his deeds mention it but not a right to repair.

Finally if I was him I would be charging whoever damaged the old septic tank which was almost certainly the owner of the fields tractor.

 

[stroller]

He has a right to repair subject to notice for entry and making good any damage, he also has to ensure that it is safe, the tank is about 2.5m square, it had a cast iron manhole the rest of the lid was concrete, the whole of the top has fallen in and the walls are crumbling, it is at least 70 years old which is when the deeds were drawn up, prior to this the house owned the field so there was no problem. I would think that it was damaged by this year's frosts then my muck spreading contractor must have driven over it, they didn't say anything so either they didn't realise it had gone or couldn't be arsed to own up, maybe it was weakened and it collapsed later. If the regulations about septic tanks hadn't changed he could just put a new lid on. The house owner is a retired businessman and the house probably worth nearly a million he is not a poor pensioner struggling by, I should imagine if the boot was on the other foot he would make me pay through the nose. When I spoke to him yesterday he was trying all the typical negotiating tactics, pointing out how advantageous it would be for me to not above to worry about a third party having an interest in my field, that I would get a lump of cash ( no specific amount) and leaving silences for me to fill, which I didn't!

 

[foxbox]

He has a right to repair subject to notice for entry and making good any damage, he also has to ensure that it is safe, the tank is about 2.5m square, it had a cast iron manhole the rest of the lid was concrete, the whole of the top has fallen in and the walls are crumbling, it is at least 70 years old which is when the deeds were drawn up, prior to this the house owned the field so there was no problem. I would think that it was damaged by this year's frosts then my muck spreading contractor must have driven over it, they didn't say anything so either they didn't realise it had gone or couldn't be arsed to own up, maybe it was weakened and it collapsed later. If the regulations about septic tanks hadn't changed he could just put a new lid on. The house owner is a retired businessman and the house probably worth nearly a million he is not a poor pensioner struggling by, I should imagine if the boot was on the other foot he would make me pay through the nose. When I spoke to him yesterday he was trying all the typical negotiating tactics, pointing out how advantageous it would be for me to not above to worry about a third party having an interest in my field, that I would get a lump of cash ( no specific amount) and leaving silences for me to fill, which I didn't!

Definitely speak to an agent; land seems to get more valuable as the plot size decreases so don't let it go cheaply if that's the option you choose. There could also be tax implications to think about too.

 

[smj1]

Charge too much you'll end up with a bad neighbour and more than likely massive legal bills. Personally I think he holds all the cards.

 

[Cowcalf]

seems a lot on here who moan when they get overcharged but keen to rip someone else off at every chance

 

[stroller]

Charge too much you'll end up with a bad neighbour and more than likely massive legal bills. Personally I think he holds all the cards.

How so?

 

[Steevo]

Charge too much you'll end up with a bad neighbour and more than likely massive legal bills. Personally I think he holds all the cards.

seems a lot on here who moan when they get overcharged but keen to rip someone else off at every chance

Damned either way.

Hence my earlier point - maybe better to say "No, thank you" and stay out of it. The OP isn't obliged to sell part of his field.

 

[SeatWarmer]

He has a right to repair subject to notice for entry and making good any damage, he also has to ensure that it is safe, the tank is about 2.5m square, it had a cast iron manhole the rest of the lid was concrete, the whole of the top has fallen in and the walls are crumbling, it is at least 70 years old which is when the deeds were drawn up, prior to this the house owned the field so there was no problem. I would think that it was damaged by this year's frosts then my muck spreading contractor must have driven over it, they didn't say anything so either they didn't realise it had gone or couldn't be arsed to own up, maybe it was weakened and it collapsed later. If the regulations about septic tanks hadn't changed he could just put a new lid on. The house owner is a retired businessman and the house probably worth nearly a million he is not a poor pensioner struggling by, I should imagine if the boot was on the other foot he would make me pay through the nose. When I spoke to him yesterday he was trying all the typical negotiating tactics, pointing out how advantageous it would be for me to not above to worry about a third party having an interest in my field, that I would get a lump of cash ( no specific amount) and leaving silences for me to fill, which I didn't!

What does it matter how much money he has or what his house is worth?

The way you are wording your posts sounds to me like you want as much out of this guy as you possibly achieve, your OP states that you don't think he has many option so you hold all the cards under a post title of "how much can I charge?".

Then when people point this out as sounding a bit unfair you reply saying he's a "retired businessman with a house valued around a million". So because he's been successful and has plenty money it's fine for you to want to screw the guy for as much as possible?

Why not get some advice on what the ground is worth from an agent and then sit down with the man and come to an agreement like gentlemen? Surely the last thing you want is an unsavoury relationship with a neighbour?

 

[bovrill]

Offer to swap the area required for a similar area of his garden. That might bring the value of it a bit more into focus!

 

[Steevo]

Why not get some advice on what the ground is worth from an agent and then sit down with the man and come to an agreement like gentlemen? Surely the last thing you want is an unsavoury relationship with a neighbour?

The area or value of the land is not really relevant in this situation. Every situation is unique in this respect. If the OP chooses to say "no" as is his right to, the house owner has little alternative so is perfectly entitled to charge what he wishes for this. There is another thread on here currently asking if farmers are seen as a pushover......!

What is the cost to the house owner, of not buying the area of land in question?



As far as a relationship with a neighbour is concerned - if the chap sells it in two years time to someone else, that's worthless anyway.

Profit is not a dirty word.

 

[SeatWarmer]

The area or value of the land is not really relevant in this situation. Every situation is unique in this respect. If the OP chooses to say "no" as is his right to, the house owner has little alternative so is perfectly entitled to charge what he wishes for this. There is another thread on here currently asking if farmers are seen as a pushover......!

What is the cost to the house owner, of not buying the area of land in question?



As far as a relationship with a neighbour is concerned - if the chap sells it in two years time to someone else, that's worthless anyway.

Profit is not a dirty word.

How is the value of the land not relevant?

No profit is not a dirty word, but it’s not like OP has just bought the land as an investment and looking to make a profit off it.

I just think think this is a situation that should be resolved fairly for both parties, especially when there is a very high chance that damage caused by OP or contractors working for him is the reason behind the damage to the septic tank.

But I don’t know, maybe my moral compass is more accurate than others and ripping someone off because they have money is the done thing these days?

Also I have never in my life met a farmer who is a pushover when it comes to anything financial.

 

[Goweresque]

Are there any other neighbours who he could approach to purchase piece of land from to site it, or are you the only game in town? Theoretically if you are the only option I think you can ask for one third of the increase in value by the grant of the easement. A house without a toilet isn't worth much, so it could be a large amount.

Personally I think I'd go do the route of offering a personal wayleave to him as resident of the property only, non-transferable, for no more than him paying your legal costs. That way he can go on living there for as long as he likes without having to pay very much, but if he wants to sell up and get a cash benefit from your generosity he'd have to offer you a hefty sum to make the wayleave saleable. So as the property would be for sale, he'd have the cash to hand to pay you (or your heirs).