Land ownership argument

renegadefm

To put it another way, what if the seller decided to change their mind and not sell it. But was glad to let dad spend out and get the permission granted. There should be laws against that. 

scottishblondie

renegadefm said:

To put it another way, what if the seller decided to change their mind and not sell it. But was glad to let dad spend out and get the permission granted. There should be laws against that. 

If your father had drawn up a formal contract with the neighbour regarding the land sale at the time, then this would all have been in writing and by selling to someone else the neighbour would have been in breech of that contract.  Your Dad could have then sued him.  20 years down the line there is nothing you can do.  The planning permission will now have lapsed, so no one else is getting the benefit of the money he spent either.  You just need to let this go.

DOH_a

Planning approvals generally stay with the land/property and not the applicant/owner. If however Planning had been secured but has since expired, then the only thing you can do from a Planning point of view is to re-submit another application.

Unfortunately, no costs can be reclaimed in this instance but should you wish to have that thoroughly examined and clarified, then you will have to seek professional legal advice. This obviously won’t be free and may end up costing more than the original £1k stumped up 20 years ago so is it really worth it?

Mojisola

renegadefm said:

So we both now have rekindled if you like emotion we feel for dad. 

Its adding salt to the wound now too seeing the neighbour who bought the land having barbecues and their kids playing on the land that should have been our parking area. 
I doubt this will ever settle well on our minds. 

For your own well-being, you need to find a way to let go of this - or move so you don't see your neighbours enjoying their own garden.

Accept that the fault was your father's for not tying up the neighbour in some sort of contract and not keeping him informed throughout that year of how the PP was progressing.

Your current neighbour has done nothing wrong!

jbainbridge

20 years ago and you're upset the by the neighbours having a BBQ on the land your father didn't get round to buying. Get a grip.

renegadefm

I accept its dads fault, but at the same time I feel sorry for him as the old lady selling the land at the time is someone we have known for years. More so on dads part, but he was shocked and dismayed why she sold it and didnt at least contact him to say the next door neighbour was interested in it. 
I was kinda hoping and clutching at straws thinking there might be some loop hole thats been over looked, due to it was dads name on the application or something with intention of sale to him once planning was granted. 
It still rumbles on because everytime I look out my back window I see the now owner of the land having barbecues etc out there, which should have been our parking. And we have to continue parking on a dangerous road. It just rubs salt into the wound and is difficult to let go of. Even my partner says its alk out of order how she let dad down. 

scottishblondie

She may have been remiss in not telling your father before selling, but legally she did nothing wrong.  Your current neighbours have also done nothing wrong.  Trying to hold the previous neighbour to account 20 years after the fact would be throwing good money after bad.  Holding a personal grudge against a former neighbour is doing no-one any good.

DOH_a

I’m trying to think what I may have agreed to 20 years ago incase that comes back to haunt me 

theonlywayisup

renegadefm said:

I accept its dads fault, but at the same time I feel sorry for him as the old lady selling the land at the time is someone we have known for years. More so on dads part, but he was shocked and dismayed why she sold it and didnt at least contact him to say the next door neighbour was interested in it. 
I was kinda hoping and clutching at straws thinking there might be some loop hole thats been over looked, due to it was dads name on the application or something with intention of sale to him once planning was granted. 
It still rumbles on because everytime I look out my back window I see the now owner of the land having barbecues etc out there, which should have been our parking. And we have to continue parking on a dangerous road. It just rubs salt into the wound and is difficult to let go of. Even my partner says its alk out of order how she let dad down. 

Your dad doesn't seem to be overly bothered as he has let this lie for 20 years.  It is understandably perhaps (although not for all) that you find the situation irksome. 

You have no redress.  The land isn't yours, regardless of what PP is or isn't granted.

Either take steps to try to purchase the land (and be mindful that you should get parking on it as it was granted a long time ago) or forget it.

stragglebod

renegadefm said:

stragglebod said:

renegadefm said:

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. 

So by 'no' you mean 'yes'.