Local authority purchase/Plans

silvershadow21

Hi,
could someone please advise on this. When you purchase your rented house from your local council(north lanarkshire in my case), when you receive their formal offer, when do you actually recieve the plans that outline, who own what, with regards to the garden setup (shared garden with neighbour).

The council legal dept told me that they do not have the plans at this stage, and when i contacted the housing dept, i was passed from pillar to post, but not getting anywere fast.

Both neighbour (who still rents) and myself, have never really had this outlined properly, and fellow neighbours left and right of my property have different garden setups.

I always though you would see at an early stage (the plans), to really know what you are buying

cheers

Tom

silvercar

if the property has been registered, the land should be outlined on the plan (£3 from land registry online). If it hasn't been registered it may mean waiting for the council to dig up the plans from their archives. There is always the risk that the gardens were never actually formally allocated to each home.

If you had solely occupied a garden for 12 years, then you could claim them under some adverse possession law (though I'm not 100% that it would apply if you haven't owned the property). I don't know if this would apply to shared gardens.

silvershadow21

silvercar wrote: »

if the property has been registered, the land should be outlined on the plan (£3 from land registry online). If it hasn't been registered it may mean waiting for the council to dig up the plans from their archives. There is always the risk that the gardens were never actually formally allocated to each home.

If you had solely occupied a garden for 12 years, then you could claim them under some adverse possession law (though I'm not 100% that it would apply if you haven't owned the property). I don't know if this would apply to shared gardens.

cheers for the advice, but i looked at the site and the property wasnt registered.
Oh well, back to the Council again


cheers

tom

Mary_Hartnell

silvercar wrote: »

if the property has been registered, the land should be outlined on the plan (£3 from land registry online). If it hasn't been registered it may mean waiting for the council to dig up the plans from their archives. There is always the risk that the gardens were never actually formally allocated to each home.

If you had solely occupied a garden for 12 years, then you could claim them under some adverse possession law (though I'm not 100% that it would apply if you haven't owned the property). I don't know if this would apply to shared gardens.

Sorry no luck there, the gardens still belong to the council until they decide what they have sold to you. If you discover some sort of wishy washy joint rights with next door, try and get them formalised into two distinct gardens.
Does next door "need" a right of way across your house's logical garden ?
Similarly do you need a right of way over next door's logical garden?

You may have to resort to putting up a small fence and then registering "adverse possession" after 12 years. Should the land become registered the situation has become more complex in the last few years - you are meant to inform the legal registered owner that you are squatting after 10 years and see what, if anything, he tried to do about it in the next 2 years.

I am not legally qualified so do not depend on anything I have written and if you want to realise what a can of worms can be opened by inexact definitions of land ownership have a look at this site:

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Mary_Hartnell

The rules might be somewhat different North of the Wall;)