Boundary dispute raised after planning application made

James1968

If your fence has been on the same line for the 20 years you have lived there, you can claim adverse possession.

teneighty

anselld wrote: »

Whilst it is true that ownership is not a planning consideration, it is none the less necessary for the relevant notices to be served on all legal owners. So the planners could invalidate an application if they think that has not been done correctly at the application stage.

Can I just say there has been a lot of misinformation here and the only correct advice above might have got lost in all the chatter.

As anselld has said the Planners will probably ask for clarification of the boundary position and if you cannot provide clear proof you should serve notice on the "owners" of the disputed land or they will invalidate the Planning Application.

I would imagine if you served notice on a "without prejudice" basis it would not affect your claim on the disputed land.

davidmcn

teneighty wrote: »

As anselld has said the Planners will probably ask for clarification of the boundary position and if you cannot provide clear proof you should serve notice on the "owners" of the disputed land or they will invalidate the Planning Application.

Whether or not the proposed works stray across the boundary, the neighbours are obviously aware of the application anyway (as they've had the neighbour notification) - I think failure to notify the owners would only matter if the owners had had no other notice of the application.