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Right to Buy - entire plot not included?

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  • FlatFour
    FlatFour Posts: 82 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    da_rule wrote: »
    Common sense can only prevail if the HA own the land. If they don’t, you are relying on them and the Council rectifying the situation. That’s if it was a mistake in the first place.


    This is true. First step is to find out what's going on and who owns what. HA did appear to own the land they sold to the neighbours though, so I don't know why they'd not own my parents bit too. Hopefully they'll respond to this one quickly as the whole process has taken quite a while to get to this point - over six months now - so I just want to get things sorted and have a final figure for the entirety of my parents place. The last thing I want is them worrying or getting stressed over this, though it's likely me who's the stressed one at the moment lol.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    FlatFour wrote: »
    However, quite shockingly, we did find an official letter from the planning people when they inspected a Shed my dad had built - the one from early 2000's I mentioned earlier. The letter says it was built in accordance with the rules for a temporary structure - the sort of thing you'd typically expect for a garden shed. No mention of it being built outside the boundary or anything. I won't go into what triggered a simple bike shed needing to be "investigated" - it's really silly - but it was done and all approved. Note that this wasn't just a simple "looks alright to me" sort of inspection, but a proper check to ensure it'd been built within the rules...it really was just a simple wooden bike shed though. I think this would suggest that at the time - early 2000's - that part of the garden was indeed considered part of my parents plot. So that suggests something changed after that date, which is obviously an error.
    Unfortunately all irrelevant. Planning permission doesn't take into account ownership of land - I could apply to build a block of flats in your garden if I wanted to.
  • FlatFour
    FlatFour Posts: 82 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Slithery wrote: »
    Unfortunately all irrelevant. Planning permission doesn't take into account ownership of land - I could apply to build a block of flats in your garden if I wanted to.


    Lol, fair enough. I thought it might be of use but I guess not.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    FlatFour wrote: »
    HA did appear to own the land they sold to the neighbours though, so I don't know why they'd not own my parents bit too.
    Were the previous sales done when the council owned the properties or after they had been passed to the HA?
  • chunkytfg wrote: »
    So yes then?:rotfl:

    It is irrelevant anyway.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • Chandler85
    Chandler85 Posts: 351 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 7 October 2019 at 9:27AM
    Your parents neighbours might not actually own all the land and the title deeds and land registry might all be wrong as well. The HA might have assumed the same of the garden is the same as the deed so it is fine, whereas your parents has a parking area so it looks "extra", so someone has checked the plans more thoroughly.

    Your parents neighbours may have looked at the shape of the plot on the map and said yes that looks right and after all that is pretty much the only check that goes on.

    However, given your parents are using the RTB discount, whether people agree or not, they will be getting a heavy discount on the market price of the property, so it is probably easier to accept that these issues will need fixing affectively lessen the discount.

    The property being dated and needing modernising should have been taken into account during the valuation, which also means your parents (or you), will have to pay for these. I highly suspect it will have a modern boiler though and the electrics must be tested regularly so it can't be to bad.
  • lincroft1710
    lincroft1710 Posts: 18,867 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    FlatFour wrote: »
    That's what you take from me trying to help my parents out?

    However, the objective is to look after my mum and dad,

    They would be better off not buying the house.

    Your parents have had a secure tenancy for 44 yrs which is extremely likely to last until they sadly pass on. They have no responsibility for repairs or replacements (unless they wilfully damage the property, which is highly unlikely).

    I am guessing they must be at least in their late 60s.

    If they found it hard to pay the rent and were not eligible for benefits then it would be surely better for you to help them out with the rent than helping them to buy the house.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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