garden extension planning

cheepskate_2

hi
wonering if anyone knows if you can extend your gaRDEN , it will then stick out by the extension from all theother gardens. this isnt reLLY A PROBLEM AS the extended bit is at rear of house and 20 ft away from trees and then backs onto the road which is down a hill and about 30 /40 ft away from the trees. nothing will bebuilt here anyway
i live in lothian, just wondering if anyone knows anything about it
many thanks

knithappens

i did this over the summer on land that is not owned by anyway at the back of my house, please do your checks first though with the land registry and the local council. If not one owns it then extend, plus you have the option to claim the land after so long, i know the rules have changed a little ,but i am sure it is still that after 7 years you can put an application in the claim the land.

cheepskate_2

hi

if i go down the claiming the land route after 7 years. what proof would they need that i have had the land for that time

thanks

bostin

You will be likely to need planning permission. Talk to your Local Planning Authority...... Depending on the context of the site, the land use designations (e.g. Green Belt, Housing Boundaries, Conservation Areas etc) you MAY get permission. HTH

woodstoke

I seem to think that you can claim land after 10 years of using it, the land registry let the land owner know that you have put a claim in and he then has 2 years to contest.....good luck

iamcornholio

Scottish land law may be different to English land law.

Obviously, the land must be owned by you before you can claim it as your garden. Your post implies that it is currently not owned, and you want to extend your existing land. You need to determine ownership first

bostin

There are two separate issues here: the 'planning' side of things and the ownership of the land. You need to make sure you are in the clear on both. IMO, on the planning side of things you are likely to need planning permission for the change of use of the land.
You would be immune from any enforcement action after 10 years. That leaves 10 years of 'looking over your shoulder' with the chance being that you may need to return the land to its original state if you get caught.....