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Land ownership argument

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  • MovingForwards
    MovingForwards Posts: 17,149 Forumite
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    And action would have needed to be started within 6 years, so limitation has long gone.

    As someone said above, all your dad and the neighbour had to do was have a contract drawn up for the sale, with a get out clause of no planning no sale.

    It sounds like your dad didn't even keep the neighbour updated with what was going on, therefore you can't blame the neighbour for selling to someone who was actively interested, the only one to blame is your dad.

    It's 20 years ago, it's done, either approach the person who purchased it or who now owns it or forget about it.

    Terrace houses are always problematic with parking. 
    Mortgage started 2020, aiming to clear 31/12/2029.
  • renegadefm
    renegadefm Posts: 1,303 Forumite
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    And action would have needed to be started within 6 years, so limitation has long gone.

    As someone said above, all your dad and the neighbour had to do was have a contract drawn up for the sale, with a get out clause of no planning no sale.

    It sounds like your dad didn't even keep the neighbour updated with what was going on, therefore you can't blame the neighbour for selling to someone who was actively interested, the only one to blame is your dad.

    It's 20 years ago, it's done, either approach the person who purchased it or who now owns it or forget about it.

    Terrace houses are always problematic with parking. 
    Well to be fair to dad the council wasent keeping him very informed either. Then he all of a sudden had it passed. So then obviously approached the seller of the land the good news, only to discover they sold it to the next door neighbour. So he was seriously let down and shocked by the let down, at the time he had no fight left to bother I think. 
  • renegadefm
    renegadefm Posts: 1,303 Forumite
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    edited 1 June 2020 at 7:23AM
    And action would have needed to be started within 6 years, so limitation has long gone.

    As someone said above, all your dad and the neighbour had to do was have a contract drawn up for the sale, with a get out clause of no planning no sale.

    It sounds like your dad didn't even keep the neighbour updated with what was going on, therefore you can't blame the neighbour for selling to someone who was actively interested, the only one to blame is your dad.

    It's 20 years ago, it's done, either approach the person who purchased it or who now owns it or forget about it.

    Terrace houses are always problematic with parking. 
    Thats the other obstacle, the people who lived in the house that bought the land instead of dad has since changed ownership. Which would now make it impossible to dig up the argument.
    I was just curious there must be grounds to argue as dad invested his money to get parking permission granted. Wouldn't it be his name on that? 
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    edited 1 June 2020 at 8:47AM
    Don't waste your time. Sulking over a missed opportunity won't change anything.
  • DOH_a
    DOH_a Posts: 144 Forumite
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    When the Planning application was submitted all that time ago, your dad would have had to notify the owners of the land and that’s the only notification they would have received. Your dad would have received a formal acknowledgment of the application along with the approval, not anybody else. Planning approvals can take a while to be determined and it’s up to the applicant to chase the Council for updates and/or a determination and not the other way round. As long as the Council determine the application, they’ve done their job and any other separate/informal agreement with approvals/land ownership is down to others.

    As others have mentioned, there isn’t anything that can be done now in terms of reclaiming fees and is one of those things that your dad will have take as experience and learning curve. Please don’t think about appearing on Judge Rinder with this.
  • renegadefm
    renegadefm Posts: 1,303 Forumite
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    But wont it be dads name on the aoplication to turn back gardens into off road parking?
    I think what I'm trying to say is surely its the applicant that can legally use it for parking, not the buyer of the land.
    Plus how is land allowed to be sold if there was then during the sale an applucation to change it into something else? Surely there should be some kind of block on any sale while thats going on with the council?
    Its a bit like buying a house, but theres an application going on about an extension or something. Surely the sale cant go ahead. 
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    But wont it be dads name on the aoplication to turn back gardens into off road parking?
    I think what I'm trying to say is surely its the applicant that can legally use it for parking, not the buyer of the land.

    The council might be happy for him to park there but but he doesn't own the land so he, or you, can't. The new owner isn't parking there so what difference does it make?
  • MovingForwards
    MovingForwards Posts: 17,149 Forumite
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    There was no legal agreement between your dad and the neighbour. Your dad was the one responsible for keeping the neighbour updated and chasing the council.

    This old 'issue' would not have been an 'issue' had your dad spoke with a solicitor and had the appropriate contract drawn up.

    As others have said, the planning application has lapsed due to age.

    If you, or your dad, want to park your car(s) on that particular bit of land, approach the person who now owns it, make an offer and if accepted see a solicitor, do not make the same mistake your dad did.

    There is no one your dad can claim the money from, even if there was it's too late, your dad only had himself to blame.

    Move on, do not waste any more time or energy on this.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • stragglebod
    stragglebod Posts: 1,324 Forumite
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    But wont it be dads name on the aoplication to turn back gardens into off road parking?
    I think what I'm trying to say is surely its the applicant that can legally use it for parking, not the buyer of the land.
    Plus how is land allowed to be sold if there was then during the sale an applucation to change it into something else? Surely there should be some kind of block on any sale while thats going on with the council?
    Its a bit like buying a house, but theres an application going on about an extension or something. Surely the sale cant go ahead. 
    Are you suggesting that people should be able to block the sale of anybody else's property just by putting in a planning application?
    It's entirely your dad's fault that he lost the sale. It looks like he'd actually moved on with his life until you started pointlessly digging this up again.

  • renegadefm
    renegadefm Posts: 1,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    But wont it be dads name on the aoplication to turn back gardens into off road parking?
    I think what I'm trying to say is surely its the applicant that can legally use it for parking, not the buyer of the land.
    Plus how is land allowed to be sold if there was then during the sale an applucation to change it into something else? Surely there should be some kind of block on any sale while thats going on with the council?
    Its a bit like buying a house, but theres an application going on about an extension or something. Surely the sale cant go ahead. 
    Are you suggesting that people should be able to block the sale of anybody else's property just by putting in a planning application?
    It's entirely your dad's fault that he lost the sale. It looks like he'd actually moved on with his life until you started pointlessly digging this up again.

    No but I thought there are claws that states you cant or shouldn't sell a piece of land if the agreed buyer is spending out money on it for an application. If there isn't there certainly should be.
    Because basically whats happened the new owner of the lands had free planning permission to park their cars there if they want. Surely cases like that shouldn't be allowed. 
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